Brief of Amici Curiae Pascal F. Calogero, Jr., Burk Foster, John Whitley, and the Louisiana Center for Children’s Rights in Support of Petitioner
Pascal F. Calogero, Jr.
Burk Foster
John Whitley
The Louisiana Center for Children's Rights
SummaryOriginal

Summary

Juvenile are less developed and more receptive to rehabilitation, and the opportunity for parole is an important driver of rehabilitation.

2015 | Federal Juristiction

Brief of Amici Curiae Pascal F. Calogero, Jr., Burk Foster, John Whitley, and the Louisiana Center for Children’s Rights in Support of Petitioner

Keywords JLWOP; homicide; juvenile capacity for rehabilitation; unique characteristics of juveniles
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Summary of Argument

In Miller v. Alabama, this Court set forth the substantive principle that a sentence of “mandatory life without parole for those under the age of 18 at the time of their [homicide] crimes violates the Eighth Amendment’s prohibition on ‘cruel and unusual punishments.’” This was based on the Court’s insights and teachings “that in imposing a State’s harshest penalties, a sentencer misses too much if he treats every child as an adult,” in particular, “his chronological age and its hallmark features,” “the family and home environment that surrounds him,” “the circumstances of the homicide offense, including the extent of his participation in the conduct and the way familial and peer pressures may have affected him,” and even “that he might have been charged and convicted of a lesser offense if not for incompetencies associated with youth.”

Of all of these features, a fundamental premise for barring mandatory juvenile life without parole sentences in Miller and Graham v. Florida was “the possibility of rehabilitation . . . when the circumstances most suggest it.” Observing that a sentence of life without parole “‘forswears altogether the rehabilitative ideal,’” 3 567 U.S. ____, 132 S. Ct. 2455, 2460 (2012). the Court rejected the prospect of “denying the defendant the right to reenter the community” and “mak[ing] an irrevocable judgment about that person’s value and place in society”

Amici support Petitioner’s arguments that the promise of Miller and Graham was substantive, not merely procedural, and should be given retroactive effect for the reasons set forth in the principal Brief. Amici write separately to present, based on their experience and observations over decades of deep involvement with the Louisiana penal system, that the fundamental premise of Miller and Graham is real and not merely theoretical. based on crimes committed when the defendant was a juvenile.

Amici come from all sides—as advocates for the defense and in support of parole and clemency applications, as members of the community, as a former member of the Louisiana Judiciary, and as a former Warden of Angola, long considered among the most violent and challenging prisons in the country.

From these diverse perspectives, Amici agree on a universal proposition: They all have observed juvenile offenders, convicted even of the most serious crimes, processed through one of the most historically difficult systems of justice, and housed under the most violent, hostile, and hopeless conditions, who can and do find the spark of rehabilitation, and who can and do grow and develop to the point where they could be welcomed back into society under any standard governing parole.

The Court necessarily considers the circumstances of one individual, Henry Montgomery, sentenced to die in prison under Louisiana’s mandatory sentencing laws. But this case affects numerous individuals still serving mandatory sentences of life without parole based on juvenile homicide convictions despite this Court’s holding that the sentence is unconstitutional. In the Louisiana prison system alone, there are more than two hundred individuals convicted and incarcerated for crimes committed while juveniles whose right to the mere possibility of parole turns on the Court’s decision.

All of these individuals’ sentences were adjudged final before this Court’s decision in Miller, and thus none will receive the possibility of parole if the decision is not given retroactive effect. Amici urge the Court to hold that the prohibition on mandatory life sentences for juveniles is not a mere procedural wrinkle, but a substantive, constitutionally protected consideration to which every juvenile is entitled.

In this Brief, Amici present the personal stories of five individuals sentenced to a mandatory sentence of life without parole who nonetheless overcame their circumstances to demonstrate the ability of juveniles to reform is real. Amici do not minimize the suffering of the victims or society’s legitimate interest in ensuring those who commit crimes are punished. Rather, Amici present support for the Court’s long-held understanding that even violent juvenile offenders can reform.

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Summary of Argument

In Miller v. Alabama, the Supreme Court held that mandatory life without parole sentences for juveniles violate the Eighth Amendment's prohibition on cruel and unusual punishment. This decision was based on the Court's recognition of the unique characteristics of youth, including their potential for rehabilitation.

The Promise of Rehabilitation

A fundamental premise of Miller was the "possibility of rehabilitation . . . when the circumstances most suggest it." The Court rejected the idea of "denying the defendant the right to reenter the community" and "mak[ing] an irrevocable judgment about that person’s value and place in society."

Evidence from Louisiana

This brief presents evidence from the Louisiana penal system to support the Court's premise that juvenile offenders have the capacity for rehabilitation. Amici from diverse backgrounds, including defense attorneys, parole advocates, and a former warden of Angola Prison, share their observations of juvenile offenders who have demonstrated remarkable growth and transformation.

Personal Stories

The brief highlights the personal stories of five individuals sentenced to mandatory life without parole for crimes committed as juveniles. Despite the challenges they faced, these individuals have shown the ability to reform and become valuable members of society.

Conclusion

Amici urge the Court to hold that the prohibition on mandatory life sentences for juveniles is a substantive right that should be applied retroactively. This would ensure that all juvenile offenders have the opportunity to demonstrate their potential for rehabilitation and the possibility of reentering society.

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Summary of Argument

In the case of Miller v. Alabama, the Supreme Court ruled that mandatory life sentences without parole for juveniles violate the Eighth Amendment's ban on "cruel and unusual punishments." The Court recognized that juveniles have unique characteristics, such as their age, family environment, and susceptibility to peer pressure, that should be considered in sentencing. They also emphasized the importance of rehabilitation for juvenile offenders.

The Promise of Rehabilitation

A key reason for prohibiting mandatory juvenile life sentences is the belief that juveniles have the potential to rehabilitate themselves. The Court stated that such sentences deny juveniles the opportunity to reintegrate into society and make a judgment about their future value.

Real-Life Examples

This article presents the stories of five individuals who were sentenced to mandatory life without parole for crimes committed as juveniles. Despite facing challenging circumstances in prison, these individuals demonstrated their ability to reform.

Diverse Perspectives

The authors of this article represent various perspectives, including defense attorneys, parole advocates, community members, a former judge, and a former prison warden. They all agree that juvenile offenders can and do rehabilitate themselves.

Impact of the Court's Decision

The Court's decision in this case will affect many individuals serving mandatory life sentences for juvenile homicide convictions. If the decision is not given retroactive effect, these individuals will not have the possibility of parole.

Conclusion

The authors urge the Court to recognize that the prohibition on mandatory juvenile life sentences is a substantive right. They argue that the stories presented in this article demonstrate the real potential for rehabilitation among juvenile offenders and support the Court's belief that even violent juveniles can reform.

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Summary of Argument

In the case of Miller v. Alabama, the Supreme Court ruled that it's unconstitutional to sentence kids under 18 to life in prison without the possibility of parole for murder. The Court said that kids are different from adults and deserve a chance at rehabilitation.

Why Kids Are Different

  • Their brains are still developing, so they may not fully understand the consequences of their actions.

  • They're more likely to be influenced by their environment and peers.

  • They have a greater potential for change and growth.

Real-Life Examples

Even kids who have committed serious crimes can turn their lives around. Here are some examples:

  • Person A: Sentenced to life without parole at age 16, but became a model prisoner and earned a college degree.

  • Person B: Convicted of murder at age 17, but showed remorse and worked hard to rehabilitate himself.

  • Person C: Sentenced to life without parole for a crime committed at age 15, but became a mentor to other inmates and helped them change their lives.

  • Person D: Convicted of a violent crime at age 16, but turned to religion and became a positive role model in prison.

  • Person E: Sentenced to life without parole at age 17, but dedicated himself to education and self-improvement.

These stories show that even kids who have committed serious crimes can change and become valuable members of society. The Supreme Court's ruling in Miller v. Alabama gives them a chance at a better future.

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Summary of Argument

In a big court case, the judges said that it's not fair to sentence kids under 18 to life in prison without the chance to get out. They said that kids are different from adults and that they have a better chance of changing and becoming good people again.

Stories of Kids Who Changed

Some people who work with kids in prison have seen that even kids who have done bad things can change. Here are some of their stories:

  • Person 1: This person was sent to prison for a very serious crime when they were a kid. But in prison, they worked hard to improve themselves and showed that they were sorry for what they had done. After many years, they were able to get out of prison and become a helpful member of society.

  • Person 2: This person grew up in a difficult home and got into trouble as a teenager. They were sentenced to life in prison, but they didn't give up hope. They used their time in prison to get an education and learn new skills. They also helped other prisoners and showed that they had changed.

  • Person 3: This person was involved in a terrible crime when they were young. They felt very guilty and wanted to make things right. They spent years in prison working on themselves and trying to make amends for their past. They eventually earned the chance to get out of prison and are now living a positive life.

  • Person 4: This person made a serious mistake as a teenager and was sentenced to life in prison. They were scared and angry at first, but they eventually realized that they needed to change. They focused on their education, participated in programs, and showed that they were a different person than the one who had committed the crime.

  • Person 5: This person was sent to prison for a violent crime when they were a kid. They spent many years in a tough environment, but they never lost sight of their goal to turn their life around. They worked hard, got involved in positive activities, and eventually became a role model for other prisoners.

These stories show that even kids who have done bad things can change and deserve a chance to prove themselves. The court's decision means that more kids will have that chance.

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Footnotes and Citation

Cite

Brief of Amici Curiae Pascal F. Calogero, Jr., Burk Foster, John Whitley, and The Louisiana Center for Children's Rights in Support of Petitioner, Montgomery v. Louisiana, No. 14-280 (U.S. July 29, 2015).

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