Brief for the States of Louisiana, et Al., as Amici Curiae in Support of Respondent
James D. "Buddy" Caldwell
Kyle Duncan
SummaryOriginal

Summary

The court should uphold states' power for life without parole on violent juvenile criminals. The Eighth Amendment respects state sentencing discretion, and many deem certain crimes so heinous that such sentencing is warranted.

2009 | Federal Juristiction

Brief for the States of Louisiana, et Al., as Amici Curiae in Support of Respondent

Keywords JLWOP; Eighth Amendment (U.S.); sentencing landscape; transfers; violent juvenile crime; gross proportionality; state juvenile sentencing practices; Roper
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Summary of Argument

No one wants to believe that young people can commit horrible crimes. But sometimes they do. And no one wants to consider whether they should serve lengthy prison terms. But States must consider it, since they are responsible to their own citizens for protecting them, for deterring crime, for assuaging the victims, and for punishing the guilty. Consequently, as Part I explains, the Eighth Amendment leaves States considerable latitude in deciding how to sentence violent juvenile offenders. It is a rare and agonizing decision to sentence a juvenile to life-without-parole. But rare does not mean unconstitutional. Rather, rarity is an index of mercy—of reluctance to take this severe step. And yet, as Part II describes, States have overwhelmingly made the reasoned legislative choice that certain crimes—such as rape, robbery and kidnapping—are so morally reprehensible, so damaging to victims, and so undermine a community’s sense of security, that the law’s second-most severe sentence should be available, even if the offender is a juvenile. The District of Columbia and the federal government have done so as well. And even the few States that expressly disallow juvenile life-without-parole sentences would nonetheless permit lengthy mandatory sentences of up to 50 years. Finally, as Part III explains, politically accountable state legislatures are the ones that should weigh such painful choices, and they have done so vigilantly. The best example is the kaleidoscope of state transfer and waiver provisions through which juveniles may become subject to adult penalties. Through those mechanisms, States have grappled profoundly with every facet of juvenile violence—such as an offender’s age, maturity, psycho-social development, criminal background, and potential for rehabilitation. States thus expose juveniles to a possible life-without parole sentence only in carefully considered circumstances in which deterrence and punishment outweigh rehabilitation.

Far from condemning such a choice, this Court has tacitly approved it. In Roper v. Simmons, 543 U.S. 551 (2005), the Court reasoned that States had deterrence options for violent juveniles other than the death penalty. The Court deemed it “worth noting that the punishment of life imprisonment without the possibility of parole is itself a severe sanction, in particular for a young person.” Id., at 572. The Court should not now interpret the Eighth Amendment to remove the States’ power to impose this sanction on violent juvenile criminals such as the Petitioners.

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Summary of Argument

The sentencing of juvenile offenders who commit heinous crimes presents a complex legal and ethical dilemma. While acknowledging the gravity of their actions, society must also consider the potential for rehabilitation and the long-term consequences of severe punishment for young individuals. This article examines the Eighth Amendment's latitude for states in sentencing violent juvenile offenders, the rationale behind life-without-parole sentences, and the role of state legislatures in making these difficult decisions.

Part I: Eighth Amendment Latitude

The Eighth Amendment prohibits cruel and unusual punishment, but it grants states significant discretion in determining appropriate sentences for violent juvenile offenders. The Supreme Court has recognized that the severity of a sentence must be proportionate to the crime and the offender's culpability. However, it has also acknowledged the unique developmental and rehabilitative needs of juveniles.

Part II: Life-Without-Parole Sentences

While rare, life-without-parole sentences for juvenile offenders are not unconstitutional. States have overwhelmingly determined that certain crimes are so heinous that they warrant the second-most severe punishment available, regardless of the offender's age. These crimes typically involve extreme violence, such as rape, robbery, and kidnapping, which have devastating consequences for victims and undermine the community's sense of safety.

Part III: Legislative Responsibility

State legislatures are primarily responsible for weighing the competing interests of justice, deterrence, rehabilitation, and victim's rights in sentencing juvenile offenders. They have developed a complex system of transfer and waiver provisions that allow juveniles to be tried as adults and face adult penalties, including life-without-parole, in certain circumstances. These provisions consider factors such as the offender's age, maturity, and criminal history.

Conclusion

In Roper v. Simmons, the Supreme Court acknowledged that life-without-parole sentences are severe, particularly for juveniles. However, it did not prohibit states from imposing this sanction on violent juvenile offenders. The Court's reasoning suggests that it would not now find such sentences unconstitutional. The decision of whether to sentence a juvenile to life-without-parole is a difficult one that should be made by politically accountable state legislatures after careful consideration of all relevant factors.

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Summary of Argument

It's difficult to accept that young people can commit heinous crimes, but it happens. States have a duty to protect their citizens, deter crime, provide justice for victims, and punish the guilty. The Eighth Amendment gives states flexibility in sentencing violent juvenile offenders.

Sentencing Options for Juvenile Offenders

Sentencing a juvenile to life without parole is a rare and difficult decision. However, states have decided that certain crimes, like rape, robbery, and kidnapping, are so serious that even juvenile offenders should face the possibility of this severe punishment.

State Legislatures and Juvenile Sentencing

State legislatures are responsible for making these difficult choices. They have created laws that allow juveniles to be tried as adults in certain circumstances. These laws consider factors like the offender's age, maturity, and criminal history.

Court's Approval of Juvenile Life Sentences

In the case of Roper v. Simmons, the Supreme Court acknowledged that life imprisonment without parole is a severe punishment, especially for young offenders. However, the Court did not rule that this sentence is unconstitutional for juvenile offenders.

Conclusion

States have the power to impose life sentences on violent juvenile offenders. This decision is made carefully, considering the need for deterrence, punishment, and rehabilitation.

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Summary of Argument

States have to protect their people, stop crime, help victims, and punish the guilty. So, the Constitution gives states a lot of freedom in deciding how to punish young people who commit violent crimes.

It's very rare to sentence a young person to life in prison without the chance of getting out. But just because it's rare doesn't mean it's wrong. In fact, it shows that states are being careful about making this tough decision.

Most states have decided that some crimes, like rape, robbery, and kidnapping, are so bad that even young people should be able to get life in prison without parole. Even states that don't allow this kind of sentence for young people still allow them to get very long sentences, like up to 50 years.

State governments are responsible for making these difficult choices. They have carefully considered all the factors, like the age of the criminal, their mental health, and their chances of changing their behavior.

The Supreme Court has even said that life in prison without parole is a possible punishment for young criminals.

So, it's up to the states to decide if and when young people should get this severe punishment.

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Summary of Argument

The government has to protect its people and stop crime. It also has to help the people who were hurt and punish the people who did the bad things. So, the government has to decide how to punish young people who commit serious crimes.

The law says that states can make their own rules about this. It's a very difficult decision to send a young person to jail for life without the chance of getting out. But sometimes, the crimes are so bad that the government thinks this is the right punishment.

Many states have decided that crimes like murder, assault, stealing, and kidnapping are so bad that even young people should be able to get this punishment.

The government has also made rules about when young people can be treated like adults in court. They look at things like the person's age, how mature they are, and if they have done bad things before.

The government knows that it's a serious decision to send a young person to jail for life. But they also know that they have to protect people and punish those who do bad things.

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Footnotes and Citation

Cite

States of Louisiana, et al., Brief of Amici Curiae in Support of Respondent, Terrence Jamar Graham et al. v. State of Florida, Nos. 08-7412 & 08-7621 (U.S. Sept. 21, 2009)

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