Citation

Looking for Hope in Hopeless Places: The Performances and Witnessing of Hope and Hopelessness in the Revisiting of Life-limited Sentencing for Juveniles in the Aftermath of Miller v. Alabama and Montgomery v. Louisiana

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Abstract:

LWOP has remained mostly insulated from the processes of individualized sentencing and the memorializations of judgment, mercy, and error that have defined the legal and cultural production of death sentences in the US in the last 50 years. The paper explores the legal and political space for challenging and eroding this insularity in the aftermath of Miller v. Alabama [2012] and Montgomery v. Louisiana [2016]. Montgomery retroactively granted every juvenile under a LWOP sentence the opportunity to demonstrate “transient immaturity” versus “irreparable corruption” to establish their ineligibility for a sentence of LWOP. The operationalization of contexts of meaningful hope for release and the evidential quandaries of retrospectively looking for hope of change in individual juvenile offenders has facilitated a witnessing of some of the thorniest issues in penology and penal policy. The paper charts the repertoire of progressive and regressive responses to these demands and maps the cultural and penological narratives of hope and hopelessness that this judicial space for challenging juvenile LWOPworthiness has opened up. The discussion reflects on these developments in the context of the politics of death penalty reform and abolition and considers the comparative role of hope in penal and cultural narratives and performances of punishment.
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Association:
Name: American Society of Criminology
URL:
http://www.asc41.com


Citation:
URL: http://citation.allacademic.com/meta/p1277502_index.html
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MLA Citation:

Girling, Evi. "Looking for Hope in Hopeless Places: The Performances and Witnessing of Hope and Hopelessness in the Revisiting of Life-limited Sentencing for Juveniles in the Aftermath of Miller v. Alabama and Montgomery v. Louisiana" Paper presented at the annual meeting of the American Society of Criminology, Philadelphia Marriott Downtown, Philadelphia, PA, Nov 14, 2017 <Not Available>. 2018-06-20 <http://citation.allacademic.com/meta/p1277502_index.html>

APA Citation:

Girling, E. , 2017-11-14 "Looking for Hope in Hopeless Places: The Performances and Witnessing of Hope and Hopelessness in the Revisiting of Life-limited Sentencing for Juveniles in the Aftermath of Miller v. Alabama and Montgomery v. Louisiana" Paper presented at the annual meeting of the American Society of Criminology, Philadelphia Marriott Downtown, Philadelphia, PA <Not Available>. 2018-06-20 from http://citation.allacademic.com/meta/p1277502_index.html

Publication Type: Individual Paper
Review Method: Peer Reviewed
Abstract: LWOP has remained mostly insulated from the processes of individualized sentencing and the memorializations of judgment, mercy, and error that have defined the legal and cultural production of death sentences in the US in the last 50 years. The paper explores the legal and political space for challenging and eroding this insularity in the aftermath of Miller v. Alabama [2012] and Montgomery v. Louisiana [2016]. Montgomery retroactively granted every juvenile under a LWOP sentence the opportunity to demonstrate “transient immaturity” versus “irreparable corruption” to establish their ineligibility for a sentence of LWOP. The operationalization of contexts of meaningful hope for release and the evidential quandaries of retrospectively looking for hope of change in individual juvenile offenders has facilitated a witnessing of some of the thorniest issues in penology and penal policy. The paper charts the repertoire of progressive and regressive responses to these demands and maps the cultural and penological narratives of hope and hopelessness that this judicial space for challenging juvenile LWOPworthiness has opened up. The discussion reflects on these developments in the context of the politics of death penalty reform and abolition and considers the comparative role of hope in penal and cultural narratives and performances of punishment.


 
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