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The Court has recognized the need for children to receive individualized sentence hearings where factors about their home environment and childhood are considered.
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States must henceforth make "individualized sentencing decisions," in Justice Elena Kagan's words, rather than imposing mandatory life without parole.
Can algorithms trained on data from a broad swath of the population help inform suitably individualized sentencing?
In the Miller case, the court required lower courts to make "individualized sentencing decisions" for juvenile defendants because juveniles are not as morally culpable as adults, and they are more capable of changing over time.
The chapter concludes with a discussion of the question what limits -- if any -- the Eighth Amendment imposes on the state's authority to replace policies based on rehabilitation, retribution, and individualized sentencing with a policy that seeks to protect society by incapacitating recidivists.
They contended that the joint hearing violated the brothers' right to "individualized sentencing".
The mark system symbolized the decline of the "let the punishment fit the crime" theory of correction and presaged the use of indeterminate sentences, individualized treatment, and parole.
Going forward, the report says, sentences should be individualized, policy should emphasize public safety, data should guide policies, and the costs should be more carefully considered.
First, it fails to recognize that no two crimes or defendants are exactly alike, and that sentencing needs to be individualized.
As they write, in perhaps the book's most crucial sentence, "It is important to remember that Asperger syndrome is a serious, lifelong disability that requires individualized expert intervention and should be treated as such".
It is individualized.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com