Amici Curiae Brief of Juvenile Law Center, ACLU of Washington, Campaign for Fair Sentencing of Youth, Council of Juvenile Correctional Administrators, and Mothers Against Murderers Association in Support of Respondent, Brian Bassett
Marsha L. Levick
Nancy Talner
Vanessa Hernandez
SimpleOriginal

Summary

Research in adolescent development and neuroscience confirms that life without parole sentences serve no legitimate penological purpose when applied to children, rendering them violative of the state constitution.

2018 | State Juristiction

Amici Curiae Brief of Juvenile Law Center, ACLU of Washington, Campaign for Fair Sentencing of Youth, Council of Juvenile Correctional Administrators, and Mothers Against Murderers Association in Support of Respondent, Brian Bassett

Keywords adolescent development; LWOP; neuroscience; retribution; deterrence; incapacitation; justification for punishment; decision-making; youth reasoning skills; stress
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Summary of Argument

Brian Bassett is serving three life without the possibility of parole sentences for the murders of his family members committed when he was age 16. This sentence was re-imposed when Mr. Bassett was age 35 and had served 20 years in prison, despite the prosecution’s failure to rebut the significant evidence demonstrating Mr. Bassett’s post-offense rehabilitation. The Court of Appeals ruled that the sentence violated the state Constitution. In addition, amici curiae adopt the Statement of the Case as set forth by Respondent Bassett.

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Summary of Argument

Brian Bassett, convicted of murdering his family members at age 16, received three life sentences without parole. After serving 20 years, Bassett's sentence was re-imposed at age 35, despite evidence of his rehabilitation. The prosecution failed to counter this evidence.

The Court of Appeals determined that the sentence contravened the state Constitution. Furthermore, amici curiae concur with Respondent Bassett's Statement of the Case.

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Summary of Argument

Brian Bassett was 16 years old when he committed the murders of his family members. He was sentenced to three life sentences without the possibility of parole.

After serving 20 years in prison, Bassett was re-sentenced at the age of 35. Despite evidence of his rehabilitation during his time in prison, the prosecution did not challenge this evidence, and Bassett was again sentenced to life without parole.

The Court of Appeals determined that Bassett's sentence was unconstitutional under the state Constitution.

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Summary of Argument

What Happened:

  • Brian Bassett was 16 when he killed his family.

  • He was sentenced to life in prison without the chance of parole (getting out early).

  • After serving 20 years, his sentence was given to him again when he was 35.

  • Even though there was proof that Bassett had changed for the better in prison, the court still gave him the same sentence.

  • A higher court said that this sentence was against the state's rules.

Other Important Information:

  • Amici curiae are people or groups who are not involved in the case but have an interest in it and can give their opinions to the court.

  • Respondent Bassett is the person who is arguing against the sentence (Brian Bassett).

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Summary of Argument

Brian Bassett was 16 years old when he killed his family. He was given a very long prison sentence: life without parole. This means he would never be able to leave prison.

After 20 years in prison, when Brian was 35, the court looked at his case again. They saw that he had changed a lot in prison and was now a better person. The court decided that his sentence was too harsh and against the rules of the state.

Other people who were interested in the case agreed with the court's decision.

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Footnotes and Citation

Cite

Amici Curiae Brief of Juvenile Law Center, American Civil Liberties Union of Washington, Campaign for Fair Sentencing of Youth, Council of Juvenile Correctional Administrators, and Mothers Against Murderers Association in Support of Respondent, State of Washington v. Brian M. Bassett, No. 94556-0 (Wash.).

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