Brief of Amicus Curiae Juvenile Sentencing Project in Support of Appellant Corey Grant
Elana S. Bildner
SummaryOriginal

Summary

A juvenile offender, like the defendant, who is not incorrigible (considered incapable of rehabilitation) must receive a “chance for fulfillment outside prison walls” and a “chance for reconciliation with society."

2018 | State Juristiction

Brief of Amicus Curiae Juvenile Sentencing Project in Support of Appellant Corey Grant

Keywords meaningful opportunity; juvenile LWOP; incorrigible; incapable of rehabilitation; Eighth Amendment (U.S.); Miller; juvenile offender; beyond rehabilitation; non homicide offenses; children
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Summary of Argument

In Graham v. Florida, 560 U.S. 48 (2010), Miller v. Alabama, 567 U.S. 460 (2012), and Montgomery v. Louisiana, 136 S. Ct. 718 (2016), the U.S. Supreme Courtplaced constitutional limits on sentences that may be imposed on children. Graham held that children convicted of nonhomicide offenses cannot be sentenced to life without parole, and must have a “realistic” and “meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.” Graham, 560 U.S. at 75, 82. Miller and Montgomery establish that children must have this meaningful opportunity for release even in homicide cases— except in the rarest of instances where the child is found to “exhibit such irretrievable depravity that rehabilitation is impossible.” Montgomery, 136 S. Ct. at 733. A sentence that fails to provide an opportunity for release at a meaningful point in a juvenile’s life triggers Eighth Amendment protections—regardless of whether it is labeled life without parole, life with parole, or a term of years.

Although the Supreme Court did not articulate the precise point in time at which this window for a “meaningful opportunity” closes, it held that a juvenile offender who is not incorrigible must receive a “chance for fulfillment outside prison walls” and a “chance for reconciliation with society.” Graham, 560 U.S. at 79 (emphases added). State legislatures endeavoring to uphold the Eighth Amendment’s mandate provide further guidance. Mr. Grant, who has been expressly deemed “not incorrigible,” is now serving a 65-year sentence. Yet most legislatures that have eliminated life without parole for juveniles after Miller have now set the threshold for a permissible sentence for any juvenile offender at half that, or less. Their consensus is that the requisite meaningful opportunity must occur after a juvenile spends no more than two or three decades in prison—not six or seven, and certainly not a near-lifetime.

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Summary of Argument

In a series of landmark decisions, the U.S. Supreme Court has imposed constitutional constraints on the sentencing of juvenile offenders.

Graham v. Florida (2010)

  • Prohibited life without parole sentences for juveniles convicted of nonhomicide offenses.

  • Mandated a "realistic" and "meaningful opportunity" for release based on demonstrated maturity and rehabilitation.

Miller v. Alabama (2012) and Montgomery v. Louisiana (2016)

  • Extended the principles of Graham to homicide cases.

  • Required a meaningful opportunity for release even for juveniles convicted of murder, except in the rarest cases where "irretrievable depravity" precludes rehabilitation.

  • Sentencing schemes that fail to provide such an opportunity violate the Eighth Amendment.

Meaningful Opportunity for Release

While the Supreme Court has not specified a precise time frame for the "meaningful opportunity" for release, it has emphasized the importance of providing juvenile offenders with:

  • A "chance for fulfillment outside prison walls"

  • A "chance for reconciliation with society"

Legislative Guidance

State legislatures have provided additional guidance in implementing the Eighth Amendment's mandate. Most states that have abolished life without parole for juveniles have established a threshold for permissible sentences at or below 30 years. This suggests a consensus that a meaningful opportunity for release should occur within two to three decades of incarceration, rather than the 65-year sentence currently imposed in the case under consideration.

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Summary of Argument

In recent cases, the Supreme Court has placed limits on sentences for children convicted of crimes.

Graham v. Florida (2010)

  • Children cannot be sentenced to life without parole for non-homicide crimes.

  • They must have a "meaningful opportunity" for release based on their maturity and rehabilitation.

Miller v. Alabama (2012) and Montgomery v. Louisiana (2016)

  • Children must have a meaningful opportunity for release even in homicide cases.

  • Exception: Children who are "irredeemably corrupt" and cannot be rehabilitated.

Meaningful Opportunity for Release

The Supreme Court did not specify when this opportunity should occur, but it stated that children must have a chance for:

  • Fulfillment: A life outside of prison.

  • Reconciliation: Rejoining society.

State Laws

Many states have set limits on juvenile sentences after these Supreme Court rulings.

  • Most states allow for release after 20-30 years, even for serious crimes.

Therefore, a sentence of 65 years for a child who is not "irredeemably corrupt" may violate the Eighth Amendment's protection against cruel and unusual punishment.

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Summary of Argument

The Supreme Court has ruled that kids who commit crimes should have a chance to get out of prison and turn their lives around.

In Graham v. Florida, the Court said that kids who didn't kill anyone can't be sentenced to life in prison without the possibility of parole. They must have a "real" chance to get out based on showing that they've grown and changed.

In Miller v. Alabama and Montgomery v. Louisiana, the Court said that even kids who commit murder must have a chance for release, unless they're so bad that they can't be rehabilitated.

A sentence that doesn't give a kid a chance to get out at some point in their life is unconstitutional. The Court didn't say exactly when this chance should come, but they did say that kids who aren't beyond help should have a chance to live a life outside of prison and make things right with society.

States are trying to follow the Supreme Court's rules. Most states that have gotten rid of life without parole for kids have set the limit for any sentence at 20-30 years. They believe that kids should have a chance to get out after spending no more than two or three decades in prison, not six or seven, and definitely not almost their entire life.

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Summary of Argument

The Supreme Court has said that kids and teens who commit crimes should have a chance to get out of jail and become good citizens again.

  • If a kid doesn't kill anyone, they can't be sentenced to life in jail without any chance of getting out.

  • Even if a kid does kill someone, they still need a chance to get out of jail unless they're so bad that they can never be helped.

Many states have made laws that say kids who commit crimes can't be sentenced to more than 20 or 30 years in jail. This gives them a chance to get out of jail when they're still young enough to turn their lives around.

Mr. Grant is a man who was sentenced to 65 years in jail when he was a kid. The court said he's not a bad person who can't be helped. But because his sentence is so long, he might never get a chance to live a good life outside of jail. That's not fair, according to the Supreme Court and many states.

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Footnotes and Citation

Cite

Brief of Amicus Curiae Juvenile Sentencing Project in Support of Appellant Corey Grant, United States v. Grant, No. 16-3820 (3d Cir.).

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