United States Supreme Court (Roper v. Simmons, 543 U.S. 551 [2005]),
I conclude, as has the United States Supreme Court (Roper v. Simmons, 543 U.S. 551 [2005]), that the differences between juveniles and adults mean that juvenile offenders “cannot with reliability be classified among the worst offenders.” The three general differences are: (1) juveniles have a lack of maturity and an underdeveloped sense of responsibility resulting in impetuous and ill-considered actions and decisions; (2) juveniles are more susceptible to negative influences and outside pressures; and (3) the character of a juvenile is not as well formed as that of an adult.
Retribution is a legitimate penological goal, but retribution “must be directly related to the personal culpability of the criminal offender.” The case for retribution is not as strong with a minor as with an adult.” Accordingly, I conclude, that a juvenile cannot be sentenced to life without parole for a homicide committed when 14 years old or younger.