Amici Curiae Brief on Behalf of the Fred T. Korematsu Center for Law and Equality, the Latina/o Bar Association of Washington, and the Loren Miller Bar Association, in Support of Petitioner
Robert S. Chang
Lonaine K. Bannai
Robert C. Boruchowitz
David A. Perez
SimpleOriginal

Summary

Medical research on brain development confirms that youth offenders under 18 years of age are categoically different from adults; this Court should declare that de facto life sentences must provide youth an opportunity for release.

2011 | State Juristiction

Amici Curiae Brief on Behalf of the Fred T. Korematsu Center for Law and Equality, the Latina/o Bar Association of Washington, and the Loren Miller Bar Association, in Support of Petitioner

Keywords risky behavior; impulsivity; brain development; youth offenders; vulnerability to peer pressure; culpability; susceptibility to deterrence; de facto life sentences; non-homicide offenders; meaningful opportunity to obtain release; rehabilitation; capacity for change; late adolescence; decision making; prefrontal cortex
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Summary of Argument

In Graham v. Florida, the U.S. Supreme Court held that sentencing juveniles to life without parole for non-homicide offenses constitutes cruel and unusual punishment. 560 U.S. _, 130 S. Ct. 2011, 176 L. Ed. 2d 825 (2010). The Graham Court reasoned that youth are less culpable than adults because of biological differences in brain development that render youth more immature, more likely to engage in risky behavior, and more vulnerable to external influences like peer pressure. Id. at 2040. Additionally, because youth brains are still developing well into late adolescence, the Court determined that their personality traits are more transient and capable of change than adult personalities. Id. at 2026-27. The undisputed scientific data confirms that youth cannot be expected to act as mature adults.

Although the Graham Court concluded that youth offenders must be given a "meaningful opportunity to obtain release," it left it to the States, "in the first instance to define what a meaningful opportunity would be and when it must occur. Id. at 2030. That instance has arrived: Guadalupe Solis Diaz, a youth convicted of a non-homicide offense committed when he was 16 years old, received an effective life sentence of 92.5 years. Because Washington has abolished its parole system, this sentence gives Guadalupe no meaningful opportunity to obtain release. This case is a prime example of how a youth offender's biological immaturities and susceptibility to peer pressure may facilitate poor decision making both in committing a crime and during plea-bargaining.

Given Graham's reasoning and what we know scientifically about youth brain development, this Court should vacate Guadalupe's sentence. The Court also should use this opportunity to provide guidance to the lower courts by defining "meaningful opportunity" as a term of years no longer than the youth's age at the time s/he committed the underlying offense. In this way, a 16-year-old offender will have the opportunity though not the guarantee - to be released by the age of 32, if that youth has "demonstrated maturity and rehabilitation." Id. at 2030. An age-based proportional definition of "meaningful opportunity" would be consistent with the Graham Court's reasoning that because youth offenders are less culpable than their adult counterparts, we should not give up on them no matter how heinous their crimes may have been. Id. at 2032-33.

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Summary of Argument

The U.S. Supreme Court’s ruling in Graham v. Florida prohibits the sentencing of juveniles to life without parole for non-homicide offenses, deeming it cruel and unusual punishment. The Court cited the biological differences in brain development between adolescents and adults, including a heightened susceptibility to external influences and a greater potential for change.

This case centers on Guadalupe Solis Diaz, a youth convicted of a non-homicide offense at age 16 and sentenced to an effective life sentence of 92.5 years. The absence of a parole system in Washington State effectively denies him a "meaningful opportunity to obtain release," as stipulated by Graham. This case exemplifies how youthful immaturity and susceptibility to peer pressure can contribute to both the commission of a crime and the acceptance of a plea bargain.

The Court should vacate Guadalupe's sentence and define "meaningful opportunity" as a term of years no longer than the youth's age at the time of the offense. This ensures a 16-year-old offender has a chance to be released by the age of 32, provided they demonstrate maturity and rehabilitation. This approach aligns with Graham's emphasis on the lesser culpability of youth offenders and the potential for positive change.

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Summary of Argument

The Supreme Court case Graham v. Florida established that sentencing juveniles to life without parole for non-homicide offenses constitutes cruel and unusual punishment. The Court's reasoning stemmed from scientific data demonstrating that youth brains are still developing well into late adolescence and are therefore more susceptible to external influences and less capable of mature decision-making than adults. The Court acknowledged the need for a "meaningful opportunity" for release, leaving it to individual states to define this concept.

However, the case of Guadalupe Solis Diaz, who received an effective life sentence of 92.5 years for a non-homicide offense committed at age 16, highlights a loophole in this system. As Washington state has abolished parole, Diaz's sentence effectively denies him any meaningful opportunity for release, contradicting the spirit of Graham.

This case presents an opportunity for the Court to provide clarity by defining "meaningful opportunity" as a term of years no longer than the youth's age at the time of the offense. This would ensure that a 16-year-old offender would have the potential for release by the age of 32, given demonstrated maturity and rehabilitation. Such an age-based definition aligns with the Graham Court's reasoning that youth offenders, while deserving of punishment, should not be permanently excluded from the possibility of redemption due to their lessened culpability compared to adults.

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Summary of Argument

The Supreme Court ruled in Graham v. Florida that giving juveniles a life sentence without the chance of parole for crimes other than murder is cruel and unusual punishment. This ruling was based on the understanding that young people are less responsible than adults because their brains are still developing. The court recognized that young people are more likely to make risky choices and are easily influenced by peers.

The Graham ruling also acknowledged the importance of giving young offenders a chance to be released from prison, but left it up to the states to decide what that chance would look like. In Washington state, this has led to a situation where a young person named Guadalupe Solis Diaz has been sentenced to 92.5 years in prison for a non-homicide offense he committed at the age of 16. Because Washington state no longer has a parole system, Guadalupe has no chance to be released.

This case shows how the immaturity of young people can lead them to make poor decisions, both when committing crimes and when negotiating plea bargains. The court should overturn Guadalupe's sentence and provide clear guidelines to lower courts about what a "meaningful opportunity" for release should look like. A possible solution would be to define a "meaningful opportunity" as a maximum sentence equal to the offender's age at the time of the crime. This would allow a 16-year-old offender to have a chance to be released by the age of 32, if they have shown they are rehabilitated. This approach would be consistent with the Graham ruling's focus on giving young offenders a chance to change, even if their crimes were serious.

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Summary of Argument

This case is about a young man named Guadalupe Solis Diaz who was sentenced to a very long prison term. The court is trying to decide if this sentence is fair because Guadalupe was a teenager when he committed the crime.

The Supreme Court has already said that it is wrong to sentence young people to life in prison without the chance to ever get out, especially if they did not kill anyone. This is because teenagers' brains are still developing and they are more likely to make bad choices than adults.

Guadalupe is being held in Washington, which doesn't allow people to get out of prison early. This means Guadalupe's sentence will likely keep him in prison for the rest of his life. The court needs to decide if this is fair.

The court could decide that Guadalupe should have a chance to get out of prison after a certain number of years. This number could be based on how old he was when he committed the crime. For example, if Guadalupe was 16 when he committed the crime, he could be released when he is 32 years old.

The court should make sure that young people like Guadalupe have a chance to show they have changed and are ready to be released from prison. Even if they did something bad when they were young, they should still have a chance to turn their lives around.

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Footnotes and Citation

Cite

Amici Curiae Brief on Behalf of the Fred T. Korematsu Center for Law and Equality, the Latina/o Bar Association of Washington, and the Loren Miller Bar Association, in Support of Petitioner, In re Solis Diaz, No. 42064-3-II (Wash. Ct. App. Dec. 15, 2011).

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