Do the decisions of this Court in Roper v. Simmons and Miller v. Alabama establish a fundamental right for offenders under 18 years of age as it relates to determining the appropriate standard of review for an equal protection challenge?

No question identified. : QUESTIONS INVOLVED 1.) DO THE DECISIONS OF THIS COURT IN ROPER V. SIMMONS AND MILLER V. ALABAMA ESTABLISH A FUNDAMENTAL RIGHT FOR OFFENDERS UNDER 18 YEARS OF AGE AS IT RELATES TO DETERMINING THE APPROPRIATE STANDARD OF REVIEW FOR AN EQUAL PROTECTION CHALLENGE? ~ 2.) IS PENNSYLVANIA SENTENCING STATUTE ILLEGAL WHERE IT IMPOSES MANDATORY MINIMUM SENTENCES BASED SOLELY UPON A PERSONS AGE? i. TITLE 18 PA.C.S.A. §1102.1, VIOLATES THE EQUAL PROTECTION AND DUE PROCESS CLAUSE OF THE 14TH AMENDMENT. ii. §1102.1 IMPOSES MANDATORY MINIMUM SENTENCES BASED SOLELY ON THE CHRONOLOGICAL AGE OF THE OFFENDER RATHER THAN THE CRIMINAL ELEMENTS OF THE OFFENSE. THIS ARBITRARY DIVIDE DISCRIMINATES AGAINST . SIMILARLY SITUATED JUVENILE OFFENDERS AND VIOLATES THEIR ‘ FUNDAMENTAL RIGHTS PROTECTED UNDER THE EIGHTH AMENDMENT. y 3 2 y 2