Brief of Amici Curiae Current and Former Prosecutors, Department of Justice Officials, and Judges in Support of Respondent
Mary B. McCord
Institute for Constitutional Advocacy and Protection, Georgetown University Law Center
SimpleOriginal

Summary

Prosecutors and judges must ensure fair, proportionate sentences for homicides. SCOTUS ruled in Miller and Montgomery that life without parole for juveniles is excessive unless showing irreparable corruption.

Brief of Amici Curiae Current and Former Prosecutors, Department of Justice Officials, and Judges in Support of Respondent

Keywords homicide; juveniles; juvenile offenders; JLWOP; LWOP
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Summary of Argument

Prosecutors and judges recognize that every homicide is tragic for victims and survivors. The punishment for those found guilty of such crimes should reflect the seriousness of the offense. But prosecutors and judges also have a strong interest in ensuring that those punishments are fair and proportionate, taking into account not only the circumstances of the crime and its impact on victims and survivors, but also the characteristics and culpability of the offender.In a series of decisions culminating in Miller v. Alabama, 567 U.S. 460 (2012), and Montgomery v. Louisiana, 136 S. Ct. 718 (2016), this Court recognized that “children are constitutionally different from adults for purposes of sentencing.”Miller, 567 U.S. at 471. The Court established a clear rule that “life without parole is an excessive sentence for children whose crimes reflect transient immaturity” and therefore violates the Eighth Amendment when applied to those offenders.

Montgomery, 136 S. Ct. at 735; Miller, 567 U.S. at 470, 479–80 (before sentencing a juvenile to life without parole, a sentencer must “distinguish[] . . . between ‘the juvenile offender whose crime reflects unfortunate yet transient immaturity, and the rare juvenile offender whose crime reflects irreparable corruption’”). Accordingly, a sentence must “tak[e] account of an offender’s age and the wealth of characteristics and circumstances attendant to it.” Id. at 476. This constitutional principle carries equal weight regardless of whether the initial sentencing occurred under a mandatory or discretionary scheme.

Applying this rule to all juvenile offenders will ensure that no child “whose crimes reflect the transient immaturity of youth,” Montgomery, 136 S. Ct. at 734, receives a constitutionally disproportionate sentence.The Commonwealth and its amici argue that, after having made clear that a sentence of life without parole is unconstitutional for the “vast majority” of juvenile offenders, Montgomery, 136 S. Ct. at 734, this Court should now ignore that holding and narrowly focus on the purportedly fact-specific outcomes in Miller and Montgomery. But this approach violates the longstanding rule that, “[w]hen an opinion issues for the Court, it is not only the result but also those portions of the opinion necessary to that result by which we are bound.” Seminole Tribe of Florida v. Florida, 517 U.S. 44, 66–67 (1996). Moreover, even if one disagrees with the underlying rationale in Miller and Montgomery, the integrity of the criminal justice system is based on its uniform and fair application. To create a double standard now, in which juveniles sentenced under state rules that prescribe mandatory sentences receive greater protections than those sentenced under discretionary regimes, would undermine the principles on which our criminal justice system is based, adversely impacting the ability of law enforcement, prosecutors, and judges to carry out their responsibilities effectively.

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Summary of Argument

Prosecutors and judges acknowledge the gravity of homicide and the need for appropriate punishment. However, they also prioritize fairness and proportionality in sentencing, considering the crime's circumstances, its impact on victims, and the offender's characteristics.

In Miller v. Alabama (2012) and Montgomery v. Louisiana (2016), the Supreme Court recognized the constitutional distinction between juveniles and adults for sentencing purposes. The Court held that life without parole for juveniles whose crimes stemmed from "transient immaturity" violates the Eighth Amendment's prohibition against excessive punishment.

Montgomery established that sentencers must differentiate between juveniles whose offenses reflect transient immaturity and those rare cases where the crime indicates "irreparable corruption." Sentencing must account for the offender's age and attendant characteristics. This principle applies equally to mandatory and discretionary sentencing schemes.

Extending this constitutional protection to all juvenile offenders ensures that no child facing transient immaturity receives a disproportionate sentence. Arguments for limiting the application of Miller and Montgomery to specific cases undermine the principle of equal treatment under the law.

Creating a double standard based on the type of sentencing scheme would compromise the integrity of the criminal justice system and hinder the effective execution of responsibilities by law enforcement, prosecutors, and judges.

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Summary of Argument

Prosecutors and judges know that every murder is a tragedy. They want to make sure that punishments for these crimes are appropriate, considering the details of the crime, how it affected the victims, and the person who committed the crime.

The Supreme Court has said that kids are not the same as adults when it comes to punishment. In two important cases, the Court decided that it's unconstitutional to sentence juveniles to life in prison without the possibility of parole unless they are truly beyond redemption. When sentencing a juvenile, judges must take into account their age and the circumstances surrounding their crime. This rule is the same whether the sentence is required by law or left up to the judge's discretion.

Making this rule apply to all juvenile offenders will make sure that kids who commit crimes because they are still immature don't get punishments that are too harsh. Some people argue that the Court should only look at the two cases it already decided, but that would go against the idea that court decisions apply to everyone. It would also be unfair to treat juveniles differently depending on how they were sentenced.

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Summary of Argument

Every death is a tragedy. Judges and prosecutors know this. They want to punish those who commit serious crimes like murder. But they also want to be fair and give punishments that fit the crime and the person who committed it.

Kids are different from adults. The Supreme Court has said that kids should not be sentenced to life in prison without the chance of parole just because they are young and may not have fully developed their brains.

What does this mean? It means that judges must consider the age and maturity of a young person before sentencing them to life without parole. They need to decide if the crime was a sign of a bad person who can't be changed or just a mistake made by a kid who is still growing and learning.

It doesn't matter how the sentence was decided. Whether the law required a life sentence or the judge had a choice, the same rule applies. Young offenders should not be given life without parole unless they are truly beyond help.

Why is this important? It's about fairness and justice. We shouldn't treat kids who make mistakes the same way we treat adults who have fully developed brains. It's also important for our justice system to be fair and consistent for everyone.

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Summary of Argument

When someone is found guilty of a very serious crime, like murder, they should be punished. But the punishment should be fair and not too harsh.

The Supreme Court said that kids are different from adults when it comes to punishment. They might not think as clearly or understand the consequences of their actions as well as adults.

So, the court has ruled that it's not fair to sentence kids to life in prison without parole, which means they would never get out. This is true even if the law says that's the only punishment for the crime.

The court says that judges need to think about the kid's age and other things about them before deciding on a punishment. This will make sure that kids who made a mistake because they were young and immature don't get punished too harshly.

It's important to treat everyone fairly in our justice system. That means giving kids who have been sentenced to life without parole a chance to show that they have changed and deserve a second chance.

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Footnotes and Citation

Cite

Brief of Amici Curiae Current and Former Prosecutors, Department of Justice Officials, and Judges in Support of Respondent, Randall Mathena v. Lee Boyd Malvo, No. 18-217 (U.S. Aug. 5, 2019).

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