Summary of Argument
In light of the categorical differences between adolescents and adults, which are fundamental to the mission and best practices of educators, it offends civilized standards of decency to sentence adolescents to die in prison for non-homicide offenses committed during their youth. To do so would fail to appreciate the lesser moral culpability of juvenile offenders and their diminished ability, as compared to adults, to understand the consequences of their conduct and to control their immediate surroundings in order to escape negative influences. Amici therefore agree with Petitioners that, in light of these fundamental differences between adults and adolescents, there is no justification for imposing LWOP sentences on juveniles as a means of deterrence or retribution for non-homicide offenses.
Even more fundamentally, educators like amici agree that sentencing children to die in prison for non-homicide offenses senselessly ignores children’s capacity for growth and rehabilitation so early in their lives, wrongly treating those adolescents as irretrievably depraved. As the work of educators vividly demonstrates, however, juveniles are particularly amenable to the positive influences of education, community support, and rehabilitation because they are still developing. Alternative schools and programs, in particular – many of them led by amici – are committed to the principle that all children, regardless of the odds, have the potential to succeed. The remarkable success of these programs demonstrates that even the most troubled or at-risk child can prevail over adversity, reform harmful behavior, and grow into a contributing member of society. Educators therefore reject as fundamentally erroneous the central premise upon which LWOP sentences for juveniles are founded – that some children are so irretrievably bad that they are incorrigible and cannot change. Because juvenile LWOP sentences for non-homicidal crimes deny those children’s potential for growth and development, such sentences are out of step with norms of civilized society, and in violation of the prohibition on excessive, cruel and unusual punishment under the Eighth and Fourteenth Amendments to the United States Constitution.