Brief in Support of the Resentencing of Petitioner Angel Alejandro on Behalf of Amici Curiae Robert M. Morgenthau, the Campaign for the Fair Sentencing of Youth, Child Welfare League of America, and Council of Juvenile Correctional Administrators et al.
John S. Siffert
Jessica Feinstein
SummaryOriginal

Summary

The sentencing guidelines are unconstitutional as applied to juvenile offenders because they do not consider the legally recognized diminished culpability of youth affirmed by scientific research.

2014 | State Juristiction

Brief in Support of the Resentencing of Petitioner Angel Alejandro on Behalf of Amici Curiae Robert M. Morgenthau, the Campaign for the Fair Sentencing of Youth, Child Welfare League of America, and Council of Juvenile Correctional Administrators et al.

Keywords diminished culpability; mitigating qualities of youth; Miller; LWOP; risk-taking; neuroscience; adolescent development; peer influence; environmental factors; adaptable teenage brain; impulsivity
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Summary of Argument

This brief is submitted in support of the resentencing of Angel Alejandro on behalf of amici curiae Robert M. Morgenthau, The Campaign For The Fair Sentencing Of Youth, Child Welfare League Of America, Council of Juvenile Correctional Administrators, Father Gregory Boyle, S.J., Human Rights Watch, Juvenile Law Center, Lawyers For Children, National Center For Youth Law, National Legal Aid & Defender Association, National Juvenile Defender Center, National Juvenile Justice Network, New York Council of Defense Lawyers, New York State Association of Criminal Defense Lawyers, and New York State PTA. Amici respectfully urge the Court to reject the U.S. Sentencing Guidelines calculation as the starting point, and rather to follow the teachings of the U.S. Supreme Court by accounting for developments in juvenile justice, science, and criminology which were not considered by the Court at Mr. Alejandro’s original sentencing. Mr. Alejandro’s sentence should be reduced appropriately.

This Court agreed to resentence Mr. Alejandro in the wake of Miller v. Alabama, 132 S. Ct. 2455 (2012), in which the Supreme Court banned mandatory life without parole1 sentences for juveniles who commit crimes before the age of 18. In Miller, the Court predicted that such sentences would be uncommon and rarely imposed because juveniles bear “diminished culpability and greater prospects for reform.” Id. at 2464.

In this brief, we argue that this Court may not use the Sentencing Guidelines to calculate Mr. Alejandro’s sentence because the Guidelines, if applied, would yield an unconstitutional starting point: namely, a life sentence without possibility of parole. Miller requires the Court to take into account that a defendant who was a child at the time of the crime cannot be considered the same as an adult for the purpose of sentencing. This brief also argues that new scientific and criminological knowledge developed since Mr. Alejandro was first sentenced indicates that this Court should not re-impose a life sentence or its equivalent.2 For biological and penological reasons, downward adjustments in Mr. Alejandro’s sentence are necessary to ensure that his punishment is proportionate to the reduced responsibility he bore as a child and reflective of his subsequent maturation and rehabilitation. We leave it to the Federal Defenders to argue the specific facts about Mr. Alejandro’s conduct and characteristics—at the time of the crime or thereafter—that may further mitigate his culpability.

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Summary of Argument

This brief advocates for the resentencing of Angel Alejandro, arguing for a reduced sentence based on developments in juvenile justice, science, and criminology since his original sentencing. The brief challenges the application of the U.S. Sentencing Guidelines, asserting that they would result in an unconstitutional starting point, a life sentence without parole, contrary to the Supreme Court's ruling in Miller v. Alabama. The brief emphasizes the need to consider Mr. Alejandro's diminished culpability as a juvenile and the potential for his rehabilitation, advocating for a sentence that reflects his reduced responsibility and subsequent maturation.

The Supreme Court's decision in Miller v. Alabama prohibited mandatory life without parole sentences for juveniles who committed crimes before the age of 18. The Court recognized that juveniles, unlike adults, have diminished culpability and greater prospects for reform. The brief argues that this principle necessitates a departure from the Sentencing Guidelines, as their application could lead to an unconstitutional starting point: a life sentence without parole, contradicting the spirit of Miller.

This brief further argues that new scientific and criminological evidence, not available at the time of Mr. Alejandro's initial sentencing, underscores the need for a reduced sentence. It posits that biological and penological considerations mandate adjustments to ensure that the sentence is proportionate to Mr. Alejandro's reduced responsibility as a child and reflects his subsequent maturation and rehabilitation.

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Summary of Argument

This brief argues for the resentencing of Angel Alejandro, advocating for a sentence reduction based on developments in juvenile justice, science, and criminology since his initial sentencing. The brief challenges the application of the U.S. Sentencing Guidelines in this case, arguing that they produce an unconstitutional starting point—a life sentence without parole.

The brief cites Miller v. Alabama, which banned mandatory life without parole sentences for juveniles. Miller emphasized the diminished culpability and potential for reform in juveniles compared to adults. The brief argues that applying the Sentencing Guidelines would violate the principles outlined in Miller by failing to acknowledge these developmental differences.

The brief highlights the scientific and criminological understanding of juvenile development and rehabilitation since Mr. Alejandro's initial sentencing. It emphasizes the need for a reduced sentence that reflects Mr. Alejandro's diminished responsibility as a child and his subsequent maturation and rehabilitation.

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Summary of Argument

This document is being submitted to support the resentencing of Angel Alejandro. This document was written by several groups who believe that Mr. Alejandro's sentence should be reduced. These groups believe that the court should not use the U.S. Sentencing Guidelines to calculate Mr. Alejandro’s sentence because the Guidelines, if applied, would yield an unconstitutional starting point: namely, a life sentence without possibility of parole. The document also states that new scientific and criminological knowledge developed since Mr. Alejandro was first sentenced indicates that this Court should not re-impose a life sentence or its equivalent.

The Supreme Court has ruled that juveniles who commit crimes before the age of 18 cannot be sentenced to life in prison without the possibility of parole. Because juveniles are still developing, their sentences should reflect their reduced culpability and greater prospects for reform.

In this document, the groups explain that Mr. Alejandro’s sentence should be reduced based on the new Supreme Court ruling and the current understanding of juvenile development. These groups believe that Mr. Alejandro’s sentence should be reduced to reflect the fact that he was a child when he committed the crime and has since matured and rehabilitated.

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Summary of Argument

This is a letter to the court asking for a lighter sentence for Angel Alejandro. Many people think that Mr. Alejandro's sentence should be shorter because he was a kid when he did something wrong, and kids aren't as responsible as adults. They also think that since Mr. Alejandro was young, he can change his ways, and he should have a chance to do that.

The groups also think that the court should think about new information from scientists about how kids' brains work and how they grow up. This information shows that kids aren't as responsible as adults.

Mr. Alejandro was sentenced to life in prison without the possibility of parole, but the groups think that's too long of a sentence. They think he should get a shorter sentence because he was young when he did something wrong, and he has grown and learned since then.

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Footnotes and Citation

Cite

Brief in Support of the Resentencing of Petitioner Angel Alejandro on Behalf of Amici Curiae Robert M. Morgenthau, the Campaign for the Fair Sentencing of Youth, Child Welfare League of America, Council of Juvenile Correctional Administrators, Father Gregory Boyle, S.J., Human Rights Watch, Juvenile Law Center, Lawyers for Children, National Center for Youth Law, National Legal Aid & Defender Association, National Juvenile Defender Center, National Juvenile Justice Network, New York Council of Defense Lawyers, New York State Association of Criminal Defense Lawyers, New York State PTA, United States v. Alejandro, No. S4 98 Cr. 290-06 (CM) (S.D.N.Y. April 4, 2014).

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