Amended Amicus Brief in Support of Petitioner
Angela C. Vigil
SimpleOriginal

Summary

The same principles of child development which persuaded the U.S. Supreme Court to reconsider sentencing of juveniles to life without parole should prevent this court from affirming a 90-year sentence for a juvenile.

2013 | State Juristiction

Amended Amicus Brief in Support of Petitioner

Keywords juveniles; LWOP; life without parole; meaningful opportunity for release; childhood deprivation; brain development; child development; de facto life sentence
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Summary of Argument

Juveniles are different from adults. Simply, they are not adults yet. It is important to consider these differences when sentencing juveniles in Florida's criminal justice system, especially in considering the issue of the number of years that constitutes a "life" sentence for a teen. Therefore, Amici urge this Court to reject a 90-year sentence for a child and offer support for this from scientific conclusions and their own observations of teens. In the case before this Court, the defendant committed a crime just two months after his 17th birthday causing a conviction and sentence that makes his current prison release date just after his 107th birthday. This is a life sentence by anyone's standard. Amici do not believe courts should excuse the behavior of delinquent juveniles, but rather limit the magnitude of the consequences of their behavior so that it is commensurate with their culpability. While this does not eliminate accountability by a juvenile for his actions, it may appropriately limit it.

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Summary of Argument

The legal distinction between juveniles and adults is not merely a matter of age, but encompasses a fundamental difference in maturity, cognitive development, and capacity for moral reasoning. This distinction warrants careful consideration when sentencing juvenile offenders in Florida, particularly when determining the duration of a "life" sentence for a minor. Amici argue that imposing a 90-year sentence on a juvenile, effectively resulting in their incarceration until their late 100s, constitutes a life sentence and is an unjust application of the law. While acknowledging the gravity of the crime committed by the defendant, Amici contend that the sentence fails to account for the unique developmental characteristics of adolescents, potentially exceeding their culpability and hindering their opportunity for rehabilitation. This approach seeks to strike a balance between holding juveniles accountable for their actions and recognizing the significant differences that necessitate a more nuanced sentencing framework.

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Summary of Argument

The unique developmental characteristics of juveniles necessitate a distinct approach to sentencing within the Florida criminal justice system. Specifically, the concept of a "life" sentence for a teenager requires careful consideration. Amici argue that a 90-year sentence for a juvenile, resulting in a release date well into their 100s, effectively constitutes a life sentence. This argument is rooted in scientific understanding of adolescent development and the observation that juveniles, while capable of committing crimes, may not possess the same level of culpability as adults. Amici advocate for a sentencing framework that acknowledges the developmental differences between juveniles and adults, ensuring that consequences for juvenile offenses are proportionate to their level of responsibility. This approach balances accountability with a recognition of the unique circumstances surrounding juvenile crime.

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Summary of Argument

Teens are not adults. They are still developing and learning. When a teen commits a crime, it is important to remember that they are different from adults. Florida's courts should consider this when deciding on a sentence for a teen who has committed a crime, especially when it comes to how long a "life" sentence should be for a young person.

This court is being asked to decide on a 90-year sentence for a teen. This teen was only 17 years old when he committed the crime. If he receives this sentence, he won't be released from prison until he is 107 years old. That is a life sentence.

The courts should not let teens get away with bad behavior. But, the consequences of a teen's actions should fit the crime. This means that the sentence should be fair. The courts should think about how much responsibility a teen can really take for their actions. A fair sentence will help teens take responsibility for what they did, but not punish them more than they deserve.

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Summary of Argument

Teens are different from adults. They are still learning and growing. It's important to remember this when deciding punishments for teens who break the law. In Florida, the courts decide how long a teen's sentence should be. A 90-year sentence for a teen is too long, especially if the teen committed the crime just after turning 17. A 90-year sentence is basically a life sentence. The courts should still punish teens for bad behavior, but the punishment should fit the crime, and not be too long for a teen who is still learning.

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Footnotes and Citation

Cite

Amended Brief for Amici Curiae Former Members of Judiciary, Former Prosecutors and Bar Leaders in Support of Petitioner, Henry v. Florida, No. SC-12-578 (Fla. Mar. 13, 2013).

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