Our Online Journal features original pieces written and edited by our Online staff at Columbia. They are not representative of any views held by the Columbia Undergraduate Law Review Editorial Board.
It is estimated that in 2017, nearly 809,700 children under the age of 18 were arrested in the United States for crimes including burglary, arson, drug abuse, and homicide. [1] This statistic displays an intensifying debate in America: the treatment of children in the criminal justice system. While these youths were clearly convicted for violating the law, what remains unclear in the law is how these children should be distinguished from their adult criminal counterparts.
Read MoreThe Eighth Amendment states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This promise of protection against unjust punishment remains relevant and is subject to reinterpretation, especially in light of the drastic changes to the American penal system since the nation’s founding. Although directly contradictory case precedent exists that demands sentencing practices consider the character and actions of individual offenders, mandatory minimum sentencing remains permissible and frequently practiced.
Read More
