As science and society both progress, Supreme Court rulings should reflect those changes. The national consensus has been gradually moving away from the use of the death penalty, particularly as applied to offenders between the ages of eighteen and twenty-five. Research clarifies that the brain is not fully developed in the areas most directly linked to culpability until after this age range. The combination of these factors should compel the Court to raise the minimum age for death sentences, but the shifting bench presents unpredictability
Why Justice Kavanaugh Should Continue Justice Kennedy’s Death Penalty Legacy—Next Step: Expanding Juvenile Death Penalty Ban,
74 U. MIA L. Rev.
Available at: https://repository.law.miami.edu/umlr/vol74/iss3/7