Summary of Argument

Under well-established law, Michigan courts may not impose life-determinant sentences such as mandatory LWOP on adolescents who committed their offense before their 18th birthday. That prohibition arose in light of scientific findings that led courts to conclude that these adolescents are less culpable and more capable of rehabilitation than adults. Currently, however, Michigan courts may impose mandatory LWOP on adolescents who committed the same offense on or after the day they turn 18. This divergent approach is unsound and unconstitutional because significant recent scientific advances, including brain imaging, have demonstrated that across the relevant metrics, late adolescents are fundamentally similar to those in earlier phases of adolescence. Accordingly, LWOP is no more justified for late adolescents than it is for younger ones.

To date, imposing mandatory LWOP on late adolescents has relied on the misconception that these young people are incorrigible and beyond reform for reentry into society. But abundant, more recent psychological and neuroscientific evidence now establishes that an individual’s brain, personality, and behavior evolve throughout the life span—including and especially during late adolescence—in ways that cannot be squared with those suppositions. Thus, drawing the line at 18 for when mandatory LWOP cannot be constitutionally imposed is, from a scientific perspective, both arbitrary and underinclusive.

This Brief addresses the current scientific consensus regarding brain development and behavior which shows meaningful, relevant changes throughout late adolescence. Because brain structure and function, as well as an individual’s behavior, personality, and propensity for risk-taking and danger are all profoundly in flux through late adolescence, there is no scientific basis for drawing a line at age 18 for when LWOP sentences may be constitutionally applied. To the contrary, the science supports treating these sentences as unconstitutional for late adolescents.

Summary of Argument

In Michigan, courts are prohibited from imposing life without parole (LWOP) sentences on adolescents who commit offenses before their 18th birthday. This prohibition is based on scientific evidence demonstrating that adolescents are less culpable and more amenable to rehabilitation than adults. However, courts may impose mandatory LWOP sentences on adolescents who commit offenses on or after their 18th birthday. This disparate treatment is both unsound and unconstitutional, as recent scientific advancements have shown that late adolescents are developmentally similar to younger adolescents.

Scientific Evidence of Late Adolescent Development

Recent psychological and neuroscientific research has established that the brain, personality, and behavior continue to develop significantly throughout late adolescence. Brain imaging studies have revealed that the prefrontal cortex, responsible for executive functions such as decision-making and impulse control, continues to mature well into the early 20s. Additionally, late adolescents exhibit heightened risk-taking and sensation-seeking behaviors, which are linked to ongoing changes in brain structure and function.

Implications for Culpability and Rehabilitation

These developmental changes have implications for both culpability and rehabilitation. Late adolescents, like younger adolescents, have a diminished capacity for impulse control and long-term planning. They are also more susceptible to peer influence and emotional volatility. As a result, they are less culpable for their actions than adults. Furthermore, the ongoing brain development in late adolescence suggests a greater potential for rehabilitation and reintegration into society.

Conclusion

The scientific evidence overwhelmingly supports the extension of the prohibition on mandatory LWOP sentences to late adolescents. The arbitrary distinction based on age 18 is not supported by the current understanding of brain development and behavior. Imposing LWOP sentences on late adolescents is both unjust and counterproductive, as it ignores their developmental immaturity and potential for rehabilitation.

Summary of Argument

In Michigan, courts cannot sentence adolescents who commit crimes before their 18th birthday to life without parole (LWOP). This is because scientific evidence shows that adolescents are less responsible for their actions and more likely to be rehabilitated than adults. However, courts can sentence adolescents who commit crimes on or after their 18th birthday to LWOP.

New Scientific Evidence

Recent scientific advances, including brain imaging, have shown that late adolescents (ages 18-21) are similar to younger adolescents in important ways. Their brains are still developing, and they are more impulsive and less able to control their behavior than adults.

The Inconsistency of the Law

The current law is inconsistent because it treats late adolescents differently from younger adolescents, even though they are scientifically similar. This means that LWOP is not appropriate for late adolescents, just as it is not appropriate for younger adolescents.

The Science of Brain Development

The brain continues to develop throughout late adolescence. The areas of the brain responsible for decision-making, impulse control, and risk assessment are still maturing. This means that late adolescents are less able to make good decisions, control their impulses, and understand the consequences of their actions.

Conclusion

The science is clear: late adolescents are not fully developed adults. They should not be subject to the same harsh punishments as adults, including LWOP. The current law in Michigan is unconstitutional and should be changed to reflect the scientific evidence.

Summary of Argument

In Michigan, if someone commits a crime before they're 18, they can't get a life sentence without the chance of parole. But if they do the same thing on their 18th birthday or later, they can. Why?

Scientists have learned that teenagers' brains are still developing, which means they're not as responsible for their actions and can change for the better. But new research shows that even after 18, our brains are still changing in important ways.

The brain keeps developing until your mid-20s. The parts of the brain that control decision-making, planning, and understanding consequences are still maturing. This means that even at 18, teens may not be able to think through the long-term effects of their actions as well as an adult.

Because of these changes in the brain and behavior, scientists believe that it's not fair to give life sentences without parole to people who commit crimes as late teens. They're still developing and have the potential to turn their lives around.

So, the next time you hear about someone getting a life sentence for a crime they committed at 18 or older, remember that science says they're not the same as adults and deserve a chance at a better future.

Summary of Argument

Scientists have found that the parts of the brain that help us make good decisions and control our behavior are still growing and changing, even in teenagers who are close to 18. During the "teen" years, the body, brain, personality and behavior are all growing and changing. As their brains develop, teens become better at understanding right from wrong, controlling their impulses, and thinking about the future.

Just because someone turns 18 doesn't mean they're suddenly an adult. Science shows that the brain and behavior continue to change and develop after that age. So, it doesn't make sense to say that someone who is 17 is too young for a life sentence, but someone who is 18 is not.

Based on what we know from science, it's not fair to give life sentences to teenagers, even those who are close to 18. Their brains are still developing, and they have the potential to change and become valuable members of society.