A new case filed in a Wyoming district court argues that a man's sentence of life in prison without parole was unconstitutional because of his age.

Christopher Hicks was 19 years old in 2006 when he was convicted of aiding and abetting, and conspiracy in two murders.

Now, Lauren McLane, a University of Wyoming law professor, argues that his sentence -- life in prison without the possibility of parole -- went against the state's constitution.

Most legal cases involving late adolescents have, based on legal precedent known as Roper, cited neuroscience research from 2004. More recent research shows that a human brain is still developing into a person's twenties. McLane wants the law to catch up.

"No one has looked at the new science and applied the new science. We have taken Roper's word, if you will, but so much has changed since then," she observed. "Science is far ahead of the law and far ahead of society."

Other common policies support this-including the age minimum of renting cars at 25 and the expiration for covering dependents on parents' health insurance at 26. McLane said she expects this case to advance to Wyoming's Supreme Court.

That's the level where judges interpret the state's constitution, which has unique elements that apply in this case. First, it requires that penal code be based on "the humane principles of reformation," she said.

McLane argues that a sentence of life without parole for a 19-year-old doesn't meet that requirement.

"This idea that whatever we do to people we incarcerate, it needs to be reform-based. There's nothing like that in the United States Constitution. There's nothing like that in pretty much 48 other state constitutions. So, that's pretty substantial to me," she continued.

Second, Wyoming's constitution outlaws "cruel or unusual punishment," unlike the U.S. Constitution, which bans a combination of the two. McLane added that could be a lower threshold to reach.


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Nearly 2,000 South Dakota juveniles were successfully diverted from the state's court system this year, according to a new report.

A 2024 law has added fiscal incentive for counties to continue these diversion efforts.

When low-risk youth are diverted from the court system, they are 45% less likely to reoffend, according to the Annie E. Casey Foundation.

Diversion can take many forms, from mural-painting to skateboarding programs.

State's Attorney Lara Roetzel in Pennington County, where diversion programs have been used for about 25 years, said they can help unveil the root cause of a child's misbehavior.

"Diversion gives you a chance to really get to know that young person, and get them the help that they need," said Roetzel, "because it's not always obvious."

For example, she said, a child caught stealing may be doing so to support a drug habit - and would be best served through addiction counseling.

The Department of Social Services has also expanded community-based treatment options for youth, including functional family therapy and aggression replacement therapy, according to a draft 2024 report from the state's Juvenile Justice Oversight Council.

When a child avoids court or incarceration, the state saves money - so the state compensates counties for the cost per child of successful diversions.

South Dakota Senate Bill 47, passed this year, increased the amount paid from $250 to $750 per child. Roetzel said that allows the diversion programming to continue.

"It meant that I just wrote a check this week," said Roetzel, "that will allow me to pay for classes for almost all of the young people that will go through my juvenile diversion programs next year."

This is particularly helpful, she said, because otherwise the outstanding costs land on parents - who often can't afford to pay them.




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When a 6-year-old girl in Florida had a temper tantrum in class, it seemed like a typical childhood moment.

But instead of calming the situation, a school resource officer placed her in a squad car, fingerprinted her and took a mug shot, which left lasting emotional scars.

Delvin Davis, senior policy analyst at the Southern Poverty Law Center, said the case highlights a troubling ongoing concern: disparities in how discipline is enforced, particularly for Black and brown children. This case and others are highlighted in his report, "Only Young Once: The Systemic Harm of Florida's School-to-Prison Pipeline and Youth Legal System."

"As you can imagine, it was a very traumatic experience for her," Davis explained. "She's older now, but still it has lingering on ongoing effects for her -- mentally and how she does well in school and how she interacts with other people, things like that -- and how she interacts with authority figures as well."

Following the case, in 2021, the Florida Legislature passed the "Kaia Rolle Act," which prohibits the arrest of children under age 7, except in cases involving a forcible felony. However, children as young as 7 can still be arrested and prosecuted in the state.

Davis' report examined how school discipline policies, combined with a significant increase in law enforcement presence in schools, have exacerbated the problem, particularly in the aftermath of the Marjory Stoneman Douglas school shooting. Davis noted it led to a sharp rise in school-based policing.

"Once you expel or suspend a kid from school, there's a higher correlation for dropout rates," Davis pointed out. "And pretty much the first step into the school to prison pipeline is a downward spiral, where you're more likely to see that kid detained later on, arrested later on and further on into the penal system."

At the heart of Davis's findings is a call for systemic change to ensure schools are places of support and growth, not gateways to the juvenile justice system. The report also pointed to solutions, emphasizing community-based programs as more effective alternatives to punitive discipline.


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Wyoming has the nation's highest rate of juvenile incarceration, and is one of only two states refusing federal funds to help.

In 2021, nearly 270 Wyoming juveniles were in placement facilities per every 100,000 youths, according to The Sentencing Project, nearly four times the national rate. Data show diversion programs such as therapy, tutoring, job-readiness programs and arts programming help keep youths out of the system.

Darya Larizadeh, director of California policy and capacity building at the National Center for Youth Law, said good diversion programs are community-based and in partnership with stakeholders such as law enforcement and probation officers.

"Good programs are narrowly tailored," Larizadeh stressed. "They're supporting youths where they are in terms of their strengths and needs. They're culturally relevant. And then meeting the needs of kids of all genders and different sexual orientations."

She acknowledged funding is a key piece, too. The Office of Juvenile Justice and Delinquency Prevention within the U.S. Department of Justice in 2023 gave out $47 million to support prevention and intervention programs. Wyoming and Texas were the only two states not participating this year.

One barrier in Wyoming is data. A state bill passed in 2022 charged the Department of Family Services with standardizing the collection of statewide juvenile justice information.

Damon DeBernardi, Sublette County deputy county attorney and member of the Wyoming State Advisory Council of Juvenile Justice, explained the challenges.

"Wyoming has 23 counties, but every county was doing things different regarding data collection, to even know what necessarily the problem was," DeBernardi observed. "Once that statewide data collection begins, it'll be interesting to see what comes from that."

Gov. Mark Gordon in a speech last week requested nearly $500,000 in supplemental budget funding to "continue providing behavioral health services to prisoners nearing release."


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