Brief for Amicus Curiae Fair Punishment Project in Support of Petitioner, Willbanks and Nathan
Ronald Sullivan
Justin M. Sher
Noam Biale
SummaryOriginal

Summary

This Court has recognized that it is unconstitutional to to confine children once they have been rehabilitated. It should hold that this principle applies with equal force to all juveniles sentenced in the system.

2017 | Federal Juristiction

Brief for Amicus Curiae Fair Punishment Project in Support of Petitioner, Willbanks and Nathan

Keywords Eighth Amendment (U.S.); de facto life sentences; children; Miller; Graham; rehabilitation; juvenile brain; transient immaturity; disproportionate sentences; penological purpose
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Summary of Argument

Petitioners Willbanks and Nathan have asked this Court to determine whether the decisions in Graham v. Florida, 560 U.S. 48 (2010) and Miller v. Alabama, 567 U.S. 460 (2012), apply with equal force to children subject to aggregate terms of years, imposed consecutively for multiple offenses, that constitute de facto life sentences. The larger questions suggested by these cases and others like them, are: To what extent does the Court’s juvenile jurisprudence impact how juveniles, as a whole, may be treated in the criminal justice system? Does the Eighth Amendment require that incarcerative sentences, when imposed upon children, have a rehabilitative focus? For the reasons set forth in this brief, Amicus urges the Court to grant certiorari to clarify further, as it has done in prior cases, that children are constitutionally entitled to unique treatment within the criminal justice system with a special focus on their rehabilitation.

“Protection against disproportionate punishment is the central substantive guarantee of the Eighth Amendment,”Montgomery v. Louisiana, 136 S. Ct. 718, 732 (2016). “A sentence lacking any legitimate penological justification is by its nature disproportionate to the offense.” Graham, 560 U.S. at 71. This Court’s jurisprudence recognizes that, once a child has been rehabilitated and is fit to reenter society, his continued confinement lacks penological justification and is therefore unconstitutional. The Court should grant the petition and hold that this principle applies with equal force to all juveniles sentenced in the criminal justice system, whether convicted of a single offense or multiple offenses, sentenced to life-without- parole or a lengthy term of years.

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Summary of Argument

The petitioners, Willbanks and Nathan, seek the Court's clarification on the application of Graham v. Florida and Miller v. Alabama to juvenile offenders sentenced to cumulative terms of years, effectively constituting life imprisonment. The crux of the argument revolves around the Eighth Amendment's implications for juvenile sentencing and the extent to which it mandates a rehabilitative focus. Amicus contends that the Court should grant certiorari to reaffirm the constitutional right of juveniles to distinct treatment within the criminal justice system, prioritizing their rehabilitation.

The Court's jurisprudence underscores the Eighth Amendment's protection against disproportionate punishments, emphasizing the illegitimacy of sentences lacking penological justification. This principle extends to the juvenile context, recognizing the constitutional violation of continuing to confine a rehabilitated juvenile, as such confinement lacks a justifiable penological purpose. Amicus argues that the Court should extend this principle to all juveniles, irrespective of the number of offenses or sentence type, ensuring consistency in the application of constitutional protections.

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Summary of Argument

The petitioners, Willbanks and Nathan, have requested that the Court determine if the rulings in Graham v. Florida and Miller v. Alabama apply to children subject to aggregate terms of years, given consecutively for multiple offenses, that result in de facto life sentences. This case, along with others, prompts larger questions regarding the extent to which the Court’s juvenile jurisprudence affects how juveniles are treated in the criminal justice system. The question is whether the Eighth Amendment necessitates that incarcerative sentences imposed on children have a rehabilitative focus.

This Amicus brief argues that the Court should grant certiorari to further clarify that children are constitutionally entitled to unique treatment within the criminal justice system, emphasizing rehabilitation. The Court’s jurisprudence acknowledges that once a child has been rehabilitated and is capable of re-entering society, continued confinement lacks penological justification and is unconstitutional. This principle, the brief argues, should apply to all juveniles sentenced within the criminal justice system, regardless of the number of offenses or the type of sentence.

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Summary of Argument

Willbanks and Nathan are asking the Supreme Court to decide if the rulings in Graham v. Florida and Miller v. Alabama apply to kids who receive long sentences for multiple crimes. These cases raise important questions about how the courts treat young people in the criminal justice system. The Court has said that children deserve special treatment because they are still developing, and sentences should focus on rehabilitation. The legal brief argues that the Court should grant the petition and clarify that this principle applies to all young people, no matter what their crimes or sentences are.

The Court has said that punishment must be fair and justified. When a child is rehabilitated and ready to rejoin society, keeping them locked up is not justified and is against the Constitution. The legal brief argues that this same principle should apply to all young people who are sentenced, even if they have committed multiple crimes and received long sentences.

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Summary of Argument

Willbanks and Nathan are asking the Supreme Court to decide if the rulings in Graham v. Florida and Miller v. Alabama apply to kids who receive long sentences for multiple crimes. They also want to know if the law says kids should be treated differently in court than adults, and if judges should try to help them get better. The authors of this brief want the court to rule that kids should be treated differently in court. They think kids should have laws that try to help them get better before they can go back into the world.

The court has said before that kids can’t be punished too harshly, and that if a kid has gotten better and is ready to be free, it’s wrong to keep them locked up. The authors want the court to say this rule applies to all kids, even if committed multiple crimes and received long sentences.

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Footnotes and Citation

Cite

Brief for Amicus Curiae Fair Punishment Project in Support of Petitioners, Willbanks v. Missouri Dep't of Corrections and Nathan v. State of Missouri, No. 17-165 (U.S. Jul. 28, 2017).

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