Brief for Jonathan F. Mitchell and Adam K. Mortara as Amici Curiae in Support of Neither Party
Taylor A.R. Meehan
SummaryOriginal

Summary

Miller holds only that a sentencer must have discretion in sentencing juvenile homicide offenders and does not require particular procedures for exercising that discretion.

2020 | Federal Juristiction

Brief for Jonathan F. Mitchell and Adam K. Mortara as Amici Curiae in Support of Neither Party

Keywords permanent incorrigibility; incapable of rehabilitation; Miller; Montgomery; murder; juvenile homicide offenders; characteristics of youth; transient immaturity; Eighth Amendment (U.S.)
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Summary of Argument

This Court in Miller v. Alabama considered the constitutionality of state laws requiring a mandatory minimum sentence of life-without-parole for homicide offenders, without any exception for juveniles. See Miller v. Alabama, 567 U.S. 460, 469 (2012). Holding that these “mandatory” sentencing schemes were unconstitutional as applied to juveniles, Miller requires sentencers to consider a juvenile homicide offender’s “youth and attendant characteristics” before imposing a life-without-parole sentence. Id. at 480, 483. But Miller left it for the states to decide what particular factfinding requirements or further procedures might be required when sentencing juveniles. See Montgomery v. Louisiana, 136 S. Ct. 718, 735 (2016). To comply with Miller, a sentencing court need not consider any particular set of factors, let alone utter magic words such as “permanent incorrigibility.”

Of course, this Court could announce a new procedural rule requiring consideration of particular factors in this case, thereby expanding Miller. But as of now, the Constitution, as interpreted by this Court, permits life-without-parole sentences for juvenile homicide offenders so long as the sentencer retains some discretion in sentencing. Miller, 567 U.S. at 483; see also Roper v. Simmons, 543 U.S. 551, 572 (2005) (assuring states that life-without-parole sentences could have a similar deterrent effect as now-outlawed death sentences for juveniles).

Montgomery did not and could not expand Miller to require a factual finding of “permanent incorrigibility.” Montgomery itself disclaims that Miller “require[d] trial courts to make a finding of fact regarding a child’s incorrigibility.” 136 S. Ct. at 735. Even had this Court wished to expand Miller, it could not have done so given Montgomery’s posture—a case on collateral review and altogether the wrong vehicle to announce new procedural rules. Expanding Miller to require a “permanent incorrigibility” finding would not have been retroactively applicable to Montgomery. Teague’s retroactivity bar would prohibit the application of that “new constitutional rul[e] of criminal procedure . . . to those cases which have become final before the new rules are announced,” Montgomery’s case included. Teague v. Lane, 489 U.S. 288, 310 (1989) (plurality op.). This Court should clarify that Montgomery did not and could not have expanded Miller by adding new procedural requirements, lest this Court condone the issuance of advisory opinions.

Just as new Eighth Amendment procedural rules could not have applied in Montgomery, any new Eighth Amendment rules adopted by the Court in this case cannot be applied in cases pending on collateral review. Should this Court expand Miller by adding new procedural requirements, those new procedural rules cannot be retroactively applied to habeas petitioners whose sentences are already final. Teague would preclude it.

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Summary of Argument

In Miller v. Alabama (2012), the Supreme Court held that mandatory life-without-parole sentences for juvenile homicide offenders violated the Eighth Amendment. Miller required sentencers to consider the "youth and attendant characteristics" of juvenile offenders before imposing such sentences. However, the Court left it to the states to determine the specific procedures for implementing this requirement.

Montgomery v. Louisiana and the Expansion of Miller

Montgomery v. Louisiana (2016) did not expand Miller to require a finding of "permanent incorrigibility." Rather, Montgomery clarified that Miller did not prohibit life-without-parole sentences for juvenile offenders, provided that the sentencer retained discretion in imposing the sentence.

Retroactivity of New Procedural Rules

The Court has consistently held that new constitutional rules of criminal procedure cannot be applied retroactively to cases that have become final. In Teague v. Lane (1989), the Court held that a new rule could not be applied to a case on collateral review unless it fell within one of two exceptions.

Conclusion

Any new procedural rules adopted by the Court in the context of juvenile homicide sentencing cannot be applied retroactively to habeas petitioners whose sentences are already final. This principle is essential to ensure the finality of judgments and prevent the issuance of advisory opinions.

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Summary of Argument

In Miller v. Alabama, the Supreme Court ruled that it was unconstitutional to sentence juveniles to life in prison without parole without considering their age and individual characteristics. However, the Court left it up to the states to decide how to implement this ruling.

Montgomery v. Louisiana

In Montgomery v. Louisiana, the Court clarified that Miller did not require a specific finding of "permanent incorrigibility" before sentencing a juvenile to life without parole. In other words, states could still sentence juveniles to life without parole as long as the judge had some discretion in making the decision.

Current State of the Law

As it stands, the Constitution allows for life-without-parole sentences for juvenile homicide offenders, but only if the judge has the discretion to consider their youth and other factors. The Court has not yet required states to consider any specific factors or use any specific language when sentencing juveniles.

Potential Expansion of Miller

The Court could potentially expand Miller by requiring states to consider certain factors, such as the juvenile's potential for rehabilitation. However, any new rules adopted by the Court would not apply to cases that have already been finalized.

Conclusion

The Court has recognized that juveniles are different from adults and should be treated differently in the criminal justice system. However, it has also given states some flexibility in how they sentence juveniles for serious crimes like homicide.

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Summary of Argument

What the Court Has Said

In the past, some states had laws that said anyone who committed murder, even if they were a teenager, had to be sentenced to life in prison without the possibility of parole (getting out early). The Supreme Court said that these laws were unfair to young people because they didn't take into account their age and the fact that they might change as they got older.

The Court said that judges should be able to consider a young person's age and other factors before sentencing them to life without parole. But the Court didn't say exactly what factors judges should consider.

What This Means

Right now, the Constitution allows judges to sentence young people to life without parole as long as they have some flexibility in their decision. They don't have to consider any specific factors, like whether the young person is permanently unable to change.

Why It's Important

Some people believe that the Court should require judges to consider whether a young person is permanently unable to change before sentencing them to life without parole. They argue that it's unfair to lock someone up for life if they have the potential to become a productive member of society.

However, the Court has not yet made this a requirement. And even if they did, it wouldn't apply to people who have already been sentenced to life without parole. That's because of a rule that says new laws can't be applied to cases that have already been decided.

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Summary of Argument

Sometimes, kids who commit serious crimes like murder are sentenced to life in prison without the chance of ever getting out. But the rules say that judges have to think about the kid's age and other things before giving them that sentence.

A while ago, the court said that judges don't have to say the exact words "this kid can never change" to give a life sentence. They just have to have some choice in deciding the sentence.

But some people think the rules should be changed so that judges have to prove that a kid will never be able to change before giving them a life sentence.

The court could change the rules, but it can't make the new rules apply to kids who are already in prison. That's because of a rule called "Teague." Teague says that new rules can't be used to help people who were already sentenced before the rules were made.

So, if the court changes the rules, it won't help kids who are already serving life sentences.

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Footnotes and Citation

Cite

Brief for Jonathan F. Mitchell and Adam K. Mortara as Amici Curiae in Support of Neither Party, Jones v. Mississippi, No. 18-1259 (U.S. 2020).

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