Brief of Amici Curiae Educators in Support of Petitioners
John J. Gibbons
Lawrence S. Lustberg
Avidan Y Cover
Jennifer B. Condon
Gibbons P.C.
SummaryOriginal

Summary

Given the transient nature of youth and their inherent capacity for positive growth and rehabilitation, juvenile life without parole sentences disregard the unique characteristics of youth and violate the Eighth Amendment.

2009 | Federal Juristiction

Brief of Amici Curiae Educators in Support of Petitioners

Keywords juvenile LWOP; capacity for rehabilitation; Eighth Amendment (U.S.); cruel and unusual punishment; transient immaturity; peer pressure; non-homicide; reduced culpability; brain development; unformed character; prefrontal cortex
Screenshot 2024-05-09 at 2.29.15 PM

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.

Open Amicus Brief as PDF

Summary of Argument

In the context of juvenile justice, the categorical differences between adolescents and adults necessitate distinct sentencing practices. Sentencing adolescents to life without parole (LWOP) for non-homicide offenses violates fundamental principles of decency and fails to acknowledge the unique developmental characteristics of youth.

Diminished Culpability and Cognitive Limitations

Adolescents possess a lesser degree of moral culpability than adults due to their immature cognitive abilities. They have a diminished capacity to fully comprehend the consequences of their actions and to exert control over their surroundings to avoid negative influences.

Capacity for Rehabilitation and Growth

Contrary to the premise underlying LWOP sentences, educators and research demonstrate that juveniles are highly amenable to positive interventions and rehabilitation. Their developing brains and social contexts render them particularly responsive to educational and community support. Alternative schools and programs have shown remarkable success in helping troubled youth overcome adversity and become productive members of society.

Violation of Constitutional Protections

Sentencing juveniles to LWOP for non-homicide offenses constitutes cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments. Such sentences deny the potential for growth and development inherent in adolescence and are therefore incompatible with civilized societal norms.

Conclusion

In light of the fundamental differences between adolescents and adults, LWOP sentences for juveniles for non-homicide offenses are both unjust and counterproductive. They fail to recognize the diminished culpability and rehabilitative potential of youth, violating constitutional protections and the principles of a civilized society.

Open Amicus Brief as PDF

Summary of Argument

Juvenile Offenders and Sentencing

Adolescents and adults differ significantly, and these differences should guide sentencing practices for juvenile offenders. Juveniles have a lower level of moral responsibility and a reduced ability to comprehend the consequences of their actions and control their environment. Therefore, it is unjust to sentence adolescents to life without parole (LWOP) for non-homicide offenses.

The Importance of Rehabilitation

Educators emphasize the potential for growth and rehabilitation in young people. Juvenile offenders are particularly receptive to positive influences such as education and community support. Alternative schools and programs have shown that even troubled youth can overcome challenges and become productive members of society.

Cruel and Unusual Punishment

LWOP sentences for juveniles deny their potential for change and violate the Eighth and Fourteenth Amendments' prohibition on cruel and unusual punishment. Such sentences are inconsistent with civilized societal norms and fail to recognize the fundamental differences between adolescents and adults.

Open Amicus Brief as PDF

Summary of Argument

Why Teens Are Different from Adults

Teens are still developing, so they don't always understand the consequences of their actions or have the same control over their behavior as adults. This means they shouldn't be held as responsible for their crimes as adults.

Teens Can Change

Educators know that teens have a lot of potential to grow and change. Even kids who have made serious mistakes can turn their lives around with the right support.

Life Sentences Are Cruel

Sentencing teens to life in prison without the possibility of parole is cruel and unusual punishment. It ignores their potential for growth and denies them the chance to become productive members of society.

Conclusion

It's wrong to sentence teens to life in prison for non-murder crimes because it goes against everything we know about how teens develop and change. These sentences are unfair and inhumane.

Open Amicus Brief as PDF

Summary of Argument

Kids and adults are different in important ways. Kids don't always understand the consequences of their actions as well as adults. They also have a harder time controlling their behavior and avoiding bad influences.

Because of these differences, it's not fair to sentence kids to die in prison for crimes they committed when they were young, even if they did something really bad. That's because kids have the potential to change and become good people.

There are special programs that can help kids who have made mistakes. These programs have shown that even kids who have done bad things can turn their lives around and become valuable members of society.

So, it's wrong to think that some kids are so bad that they can never change. Sentencing kids to die in prison for non-killing crimes is cruel and unfair because it doesn't give them a chance to grow and improve.

Open Amicus Brief as PDF

Footnotes and Citation

Cite

Educators for Juvenile Justice Reform, et al., Brief of Amici Curiae Educators for Juvenile Justice Reform, et al. in Support of Petitioners, Terrence Jamar Graham v. State of Florida, Joe Harris Sullivan v. State of Florida, Nos. 08-7412, 08-7621 (U.S. Sup. Ct. July 29, 2009)

    Highlights