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Juvenile Law Archives

Burglary 2 definition refined

In an appellate out of juvenile court today the Oregon court of Appeals overturned a court's finding that a child had committed the offense of Burglary in the Second Degree. Burglary in the Second Degree is committed when a person enters or remains unlawfully in a building with the intent to commit a crime therein. A person enters unlawfully when go into the building without legal authorization. A person remains unlawfully when, after entering lawfully, they remain after their authorization has expired or been revoked.

SCOTUS: states cannot mandate life without parole for juveniles

The Supreme ruled 5-4 on Monday that the U.S. Constitution does not permit states to require that juveniles convicted of murder be sentenced to life in prison without the possibility of parole. The decision, however, does not prevent judges from sentencing juveniles to life without parole, but only prevents states from making such a sentence a requirement. The decision was based on the Eighth Amendment's prohibition of cruel and unusual punishment

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