Summary of Argument

The extreme racial disparity among late adolescents serving LWOP highlights the arbitrariness and lack of proportionality in the imposition of such sentences and demonstrates why they violate the Massachusetts Declaration of Rights. Amici describe the nature of that racial disparity, examine why it occurs, and explain why it necessitates a categorical ban on LWOP for 18-to-20-year-olds.

First, the racial disparity in LWOP sentences for 18-to-20-year-olds is uniquely severe. Black people are alarmingly overrepresented in Massachusetts prisons overall (infra at 16-18), but even setting aside this pronounced baseline racial disparity, Black 18-20-year-olds are dramatically more likely than White 18-20- year-olds to be sentenced to die in prison (infra at 19-23). The comparative Black/White disproportionality for 18-20-year-olds serving LWOP is more than twice that of (1) the state prison population and (2) those serving LWOP for offenses at 21 or older. Black people comprise less than 30% of the state prison population, but more than 45% of late adolescents sentenced to die in prison. The inverse is true for White people, who comprise more than 40% of the state prison population, but less than 30% of the 18-20 LWOP population. (Infra at 20-23.) This disparity cannot be explained by overall patterns in LWOP sentences. Consistent with their representation in state prisons, White people comprise the plurality of people serving LWOP overall and the plurality of people serving LWOP for offenses at age 21 or above. But Black people are the plurality of people serving LWOP for offenses committed at ages 18-20. Indeed, 1.6 times more Black people than White people are serving LWOP for offenses at 18-20. Factoring in the Commonwealth’s overall demographics, Black people are serving LWOP for offenses at ages 18-20 at a rate more than sixteen times the rate for White people. (Infra at 23-26.)

Second, disparate policing, prosecution, and punishment contribute to these observed disparities. Each of those systemic biases are driven by perceptions of young Black people as threatening, more culpable, and older than their biological age. (Infra at 26-33.) Disparate prosecution of joint venture and felony murder charges may particularly explain the uniquely pronounced racial disparities in LWOP among late adolescents.2 (Infra at 34-38.)

Third, continuing to permit discretionary LWOP will not provide an adequate constitutional safeguard. The implementation of discretionary LWOP systems for juveniles in other jurisdictions demonstrates that such sentences are often arbitrary, unnecessarily long, and more disproportionate by race than those under mandatory LWOP. (Infra at 38-44.) The result of discretionary LWOP for 18-to-20-year-olds in Massachusetts would almost certainly be the same: discretionary LWOP sentences would continue to fall most heavily on young Black people.

Summary of Argument

First, the racial disparity among 18-to-20-year-olds serving LWOP (life without parole) in Massachusetts is alarming. While Black individuals are overrepresented in the state prison population, they are disproportionately sentenced to LWOP during late adolescence. Black youth constitute over 45% of this population, despite representing less than 30% of the state prison population. Conversely, White individuals, who make up over 40% of the state prison population, comprise less than 30% of the 18-20 LWOP population. This disparity is more than twice that observed in the general prison population and among those serving LWOP for offenses committed at age 21 or older.

Second, systemic biases in policing, prosecution, and punishment contribute to this disparity. Black youth are often perceived as more threatening, culpable, and mature than their age suggests. Disparate prosecution of joint venture and felony murder charges may be particularly relevant in explaining the pronounced racial disparities in LWOP among late adolescents.

Third, discretionary LWOP systems do not provide adequate constitutional safeguards. Evidence from other jurisdictions suggests that such systems result in arbitrary, excessive, and racially disproportionate sentences. Discretionary LWOP for 18-to-20-year-olds in Massachusetts would likely exacerbate the existing racial disparities in LWOP sentencing, with Black youth bearing the brunt of these extreme punishments.

Summary of Argument

Racial Disparity in Life Sentences

Young Black people in Massachusetts are much more likely to receive life sentences without parole (LWOP) than young White people. This is especially true for those aged 18-20. In fact, Black people in this age group are over 16 times more likely to receive LWOP than White people.

Causes of Disparity

Several factors contribute to this disparity, including:

• Biased policing: Black youth are more likely to be stopped, searched, and arrested.

• Biased prosecution: Black youth are more likely to be charged with serious crimes, even when the evidence is similar to that against White youth.

• Implicit bias: People may view Black youth as more threatening and less deserving of leniency.

Discretionary LWOP Sentences

Some argue that allowing judges to decide whether to impose LWOP on a case-by-case basis would reduce racial disparities. However, studies have shown that discretionary LWOP systems often lead to even greater racial disparities. This is because judges may be influenced by the same biases that affect policing and prosecution.

Conclusion

The extreme racial disparity in LWOP sentences for young adults in Massachusetts shows that these sentences are unfair and arbitrary. It is essential to ban LWOP for 18-to-20-year-olds to address this injustice.

Summary of Argument

Black teenagers are much more likely to get life sentences without parole than white teenagers.

• Even though Black people make up less than 30% of people in Massachusetts prisons, they make up over 45% of teenagers sentenced to life without parole.

• White people make up over 40% of people in Massachusetts prisons, but less than 30% of teenagers sentenced to life without parole.

• Black teenagers are over 16 times more likely to get life without parole than white teenagers.

Why does this happen?

• Police and prosecutors often see young Black people as more dangerous and responsible for their actions than white teenagers.

• Black teenagers are more likely to be charged with serious crimes, even when they are not the main person responsible.

Even if judges have the option to give shorter sentences, they still often give Black teenagers harsher punishments.

• Studies have shown that judges often give Black teenagers longer sentences than white teenagers for the same crimes.

• This is because judges may also have the same biases as police and prosecutors.

Conclusion:

Life sentences without parole for teenagers are unfair and disproportionately affect Black teenagers. These sentences should not be allowed for people under the age of 21.

Summary of Argument

First, young Black people are much more likely to get the most serious punishment for crimes than young White people. Even though there are more White people in prison overall, more Black people who are 18-20 years old are sentenced to spend the rest of their lives in prison. In fact, Black people are over six times more likely to get this punishment than White people.

Second, there are many reasons for this difference. Police and prosecutors often see young Black people as more dangerous and guilty, even when they are not. They also tend to charge them with more serious crimes, like murder, even if they were not the ones who actually committed the crime.

Third, even if we allow judges to decide who gets this punishment, it will still be unfair. Studies have shown that judges often give Black people longer and harsher sentences than White people for the same crimes. This means that young Black people will continue to be punished more severely than young White people, even if we change the law.