Brief of Amicus Curiae Julie A. Gallagher, Psy.D ABPP in Support of Appellant Tyshon Booker
Gibeault C. Creson
Alexandra Ortiz Hadley
Robert R. McLeod
SummaryOriginal

Summary

Juveniles should be treated differently than adults for the purpose of sentencing because adolescence is a distinct period of development.

2020 | State Juristiction

Brief of Amicus Curiae Julie A. Gallagher, Psy.D ABPP in Support of Appellant Tyshon Booker

Keywords unformed juvenile character; transitory immaturity; peer pressure susceptibility to negative influences; imbalanced brain maturation; self-regulation; risk-taking; decision-making; sensitivity to rewards; impulse control; neurotransmitters; dopamine; sensation seeking; adolescent development
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Summary of Argument

In a series of decisions beginning with Roper v. Simmons, 543 U. S. 551 (2005), the United States Supreme Court considered and relied upon research regarding adolescent psychology and brain development to conclude that juveniles are constitutionally different from adults for purposes of sentencing, and, thus, that a juvenile cannot be sentenced to a mandatory life sentence without the chance of parole because such a sentence deprives him or her of the opportunity to obtain release based on demonstrated maturity and rehabilitation as they grow older. See also Montgomery v. Louisiana, 136 S. Ct. 718 (2016); Miller v. Alabama, 567 U. S. 460 (2012); Graham v. Florida, 560 U.S. 48 (2010).

In making these rulings, the Supreme Court focused on three primary differences between juveniles and adults that bear on criminal sentencing.First, “[a] lack of maturity and an underdeveloped sense of responsibility are found in youth more often than in adults and are more understandable among the young. These qualities often result in impetuous and ill-considered actions and decisions. ... In recognition of the comparative immaturity and irresponsibility of juveniles, almost every State prohibits those under 18 years of age from voting, serving on juries, or marrying without parental consent.” Roper, 543 U. S. at 569 (citations and internal quotations omitted).

Next, “juveniles are more vulnerable or susceptible to negative influences and outside pressures, including peer pressure....This is explained in part by the prevailing circumstance that juveniles have less control, or less experience with control, over their own environment....‘[A]s legal minors, [juveniles] lack the freedom that adults have to extricate themselves from a criminogenic setting.’” Id. (internal citations omitted).

And finally, “the character of a juvenile is not as well formed as that of an adult. The personality traits of juveniles are more transitory, less fixed.” Id. at 570. Accordingly, “[f]rom a moral standpoint it would be misguided to equate the failings of a minor with those of an adult, for a greater possibility exists that a minor's character deficiencies will be reformed.” Id. Indeed, “[t]he relevance of youth as a mitigating factor derives from the fact that the signature qualities of youth are transient; as individuals mature, the impetuousness and recklessness that may dominate in younger years can subside.” Id. (citation and internal quotations omitted).

Based on these key differences, the Supreme Court has held that with regard to juvenile offenders the State “must impose a sentence that provides some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.” Graham, 560 U.S. at 75 (2010). Indeed, it has concluded that this is a substantive constitutional rule, found to have been violated by life without parole sentences against juvenile offenders who committed both non-homicide and homicide offenses. See Montgomery, 136 S. Ct. at 723; Miller, 567 U. S. at 471-74; 560 U.S. at 68-70, 78.

As a clinical and forensic psychologist who is board certified in forensic psychology by the American Board of Professional Psychology, and who has specialized in criminal forensic psychology for almost two decades, it is my expert opinion that the Supreme Court’s recognition of these key differences between adolescents and adults, both with regard to their psychology and brain development, was absolutely correct. Indeed, the research in this area since those decisions were made has further substantiated those differences and reinforced the importance of treating juveniles different for the purposes of sentences.

The purpose of this Amicus Brief is to summarize the research from those Supreme Court opinions, expand upon the state of the research since the opinions were written, and express my opinion that the scientific consensus on the nature of adolescent brain development continues to support providing juveniles offenders with “a meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.” Miller, 567 U.S. at 479. (quoting Graham, 560 U.S. at 75).

My analysis and opinions in this regard are based on recent publications, including authoritative treatises and texts, reports of the National Academies of Sciences, review articles, and original peer reviewed research reports, focusing on those published since 2012, when the amicus briefs in Miller were completed. A complete list of the academic and scientific sources relied upon in forming my opinions can be found in Appendix A.

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Summary of Argument

In a series of landmark decisions (Roper v. Simmons, Montgomery v. Louisiana, Miller v. Alabama, Graham v. Florida), the United States Supreme Court recognized the constitutional differences between juveniles and adults for sentencing purposes. The Court's rulings were based on research demonstrating significant psychological and brain development differences between these groups.

Key Differences between Juveniles and Adults

1. Maturity and Responsibility

  • Juveniles exhibit lower levels of maturity and responsibility due to their underdeveloped prefrontal cortex, which is responsible for decision-making and impulse control.

  • This immaturity often leads to impulsive and reckless actions.

2. Susceptibility to External Influences

  • Juveniles are more vulnerable to peer pressure and negative environmental influences.

  • They have less control over their surroundings, making it difficult to escape criminogenic settings.

3. Transient Character Traits

  • Juvenile character traits are less fixed and more susceptible to change.

  • The plasticity of their brains allows for greater potential for rehabilitation.

Sentencing Implications

Based on these differences, the Supreme Court held that:

  • Juvenile offenders must be given a meaningful opportunity for release based on demonstrated maturity and rehabilitation.

  • Life sentences without parole for juveniles violate this constitutional principle.

Expert Opinion and Scientific Consensus

Clinical and forensic psychologists, including the author of this brief, concur with the Supreme Court's recognition of these key differences. Extensive research since the aforementioned decisions has further substantiated the following:

  • The adolescent brain undergoes significant structural and functional changes.

  • These changes affect impulse control, decision-making, and susceptibility to external influences.

  • The scientific consensus supports the need for individualized sentencing for juveniles, considering their unique developmental needs and potential for rehabilitation.

The research on adolescent psychology and brain development continues to support the Supreme Court's holding that juveniles deserve a meaningful opportunity for release based on their capacity for change and rehabilitation. Sentencing practices should reflect this scientific understanding to ensure just and equitable outcomes for juvenile offenders.

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Summary of Argument

In recent years, the Supreme Court has recognized that teenagers are different from adults in important ways that affect their criminal responsibility. This has led to rulings that prohibit mandatory life sentences without parole for juveniles.

Key Differences Between Juveniles and Adults

The Supreme Court identified three main differences between teenagers and adults:

  • Immaturity and Impulsivity: Teenagers often act without thinking through the consequences of their actions due to their underdeveloped brains.

  • Susceptibility to Peer Pressure: Teenagers are more likely to be influenced by their peers, even when it leads to negative behavior.

  • Developing Character: Teenagers' personalities are still forming, and they have a greater potential for change and rehabilitation than adults.

Brain Development and Psychology

Scientific research supports these differences. Studies have shown that the teenage brain is still developing, particularly in areas related to decision-making, impulse control, and emotional regulation.

This means that teenagers may not fully understand the consequences of their actions or be able to resist peer pressure. Additionally, their developing character makes them more likely to benefit from rehabilitation and change their behavior over time.

Importance of Rehabilitation

Based on these differences, the Supreme Court has ruled that juveniles must have a meaningful opportunity for release based on their maturity and rehabilitation. This is because their brains and personalities are still developing, and they have a greater potential for change than adults.

The scientific consensus continues to support the Supreme Court's recognition of the key differences between juveniles and adults. These differences highlight the importance of providing juveniles with opportunities for rehabilitation and a chance to demonstrate their maturity and growth.

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Summary of Argument

In a series of important decisions, the Supreme Court recognized that teenagers are different from adults in ways that matter for criminal sentencing. They ruled that teens shouldn't be sentenced to life in prison without the chance of parole because it's unfair to treat them the same as adults.

Key Differences Between Teens and Adults

The Supreme Court focused on three main differences:

  • Immaturity and Impulsiveness: Teens often act without thinking because their brains are still developing. They're more likely to make bad decisions and take risks.

  • Peer Pressure: Teens are more easily influenced by their friends and surroundings. They may do things they wouldn't do on their own.

  • Changing Personalities: Teenagers' personalities are still forming. They may make mistakes, but they also have the potential to change and grow.

The Science Behind It

Research on brain development supports the Supreme Court's decision. Studies show that the parts of the brain responsible for decision-making, impulse control, and understanding consequences are not fully developed until adulthood.

This means that teens may not be able to fully understand the seriousness of their actions or the long-term consequences of their behavior. They're also more likely to act on impulse without considering the risks.

A Chance for Rehabilitation

The Supreme Court believes that teens deserve a chance to prove that they can change and become responsible adults. Sentencing them to life without parole takes away that opportunity.

Research shows that most teens who commit crimes will eventually grow out of criminal behavior. With the right support and guidance, they can turn their lives around.

The science is clear: teens are different from adults in important ways that affect their criminal behavior. They deserve a second chance to prove that they can become productive members of society.

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Summary of Argument

The highest court in the United States has said that kids are different from adults when it comes to making decisions and being responsible for their actions. That's why they shouldn't get the same punishments as adults.

Here are some of the reasons why:

1. Kids Are Still Learning and Growing

Kids' brains are still developing, so they don't always think things through as well as adults. They might act without thinking or make bad choices because they don't understand the consequences.

2. Kids Are Easily Influenced

Kids are more likely to be influenced by their friends or other people around them. This is because they don't have as much experience making their own decisions.

3. Kids Can Change

Kids' personalities and behavior can change a lot as they get older. They might learn from their mistakes and become better people.

Because of these differences, the court says that kids who commit crimes should have a chance to show that they have changed and deserve to be released from jail. They believe that kids should not be locked up for life without any hope of getting out.

Scientists who study brains agree with the court. They have found that kids' brains are still developing and that they can change and grow over time.

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Footnotes and Citation

Cite

Brief of Amicus Curiae Julie A. Gallagher, Psy.D ABPP in Support of Appellant Tyshon Booker, State v. Booker, No. E2018-01439-SC-R11-CD (Tenn.).

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