Brief of Former Juvenile Offenders as Amici Curiae in Support of Petitioners
David W. DeBruin
Jonathan F. Olin
Eric A. Haren
Nicholas O. Stephanopoulos
SimpleOriginal

Summary

Youthful offenders are inherently different than adults and sentencing these individuals to life without parole can be a tremendous loss to society.

2009 | Federal Juristiction

Brief of Former Juvenile Offenders as Amici Curiae in Support of Petitioners

Keywords LWOP; unformed personality; capacity for rehabilitation; juvenile vulnerability; former juvenile offenders; reduced culpability
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Summary of Argument

As the experiences of Amici show, it is  fundamentally inhumane to give up on a youthful  offender. The same distinctive characteristics of  youth that render capital punishment  unconstitutional for juvenile offenders make it  equally improper to sentence them to life in prison  without the possibility of parole. As this Court  recognized in Roper v. Simmons, 543 U.S. 551 (2005),  children are less susceptible to deterrence, less  deserving of retribution, and, crucially, much more  capable of rehabilitation. Like a death sentence, a sentence of life in prison without the possibility of  parole ignores these important differences between  adults and children.  

As individuals who committed serious criminal  offenses as juveniles but who subsequently have  realized their mistakes, atoned for them, and  rehabilitated themselves, Amici are uniquely  situated to provide insight into the difficult issues  presented in these cases. One of the Amici has  helped to enforce the laws of the United States;  another helped to write them. Others have made  important national and even international  contributions to social justice, culture and the arts,  and business. Their stories, and the stories of others  like them, prove that no matter how broken their  spirit, nor how violent their actions, juveniles can be  redeemed and can make contributions to society that  would be tragic to lose. It is impossible to know what  any juvenile offender will grow up to become. But it  is also impossible to conclude that any juvenile  offender has no redeeming potential, and therefore  should be locked away for life with no possibility of  parole. Although Amici come from a variety of  backgrounds, each of them understands firsthand  and proves the limitless potential of young people to  change. They speak today with one voice and urge  this Court to rule in Petitioners’ favor in these cases.  

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Summary of Argument

Introduction

The experiences of Amici demonstrate the fundamental inhumanity of sentencing youthful offenders to life imprisonment without the possibility of parole. The distinctive characteristics of youth that render capital punishment unconstitutional for juvenile offenders also make life sentences without parole inappropriate. As recognized in Roper v. Simmons (2005), juveniles exhibit diminished susceptibility to deterrence, reduced culpability, and a heightened capacity for rehabilitation.

Amici's Perspectives

Amici, individuals who committed serious offenses as juveniles but have since rehabilitated themselves, offer unique insights into the complexities of these cases. Their diverse backgrounds and accomplishments, including contributions to law enforcement, legislation, social justice, culture, and business, attest to the transformative potential of young offenders.

The Redemptive Power of Youth

The stories of Amici and others like them demonstrate that even individuals who have committed grave offenses can be redeemed and contribute meaningfully to society. It is impossible to predict the future potential of any juvenile offender or to conclude that they are irredeemable.

Conclusion

Amici urge the Court to recognize the limitless capacity for change in young people and to rule against life sentences without parole for juvenile offenders. Such sentences ignore the fundamental differences between adults and children and deny the possibility of rehabilitation and redemption.

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Summary of Argument

The experiences of individuals who committed crimes as juveniles demonstrate that it is cruel to sentence them to life in prison without the possibility of parole. The same characteristics that make the death penalty unconstitutional for young offenders also apply to life sentences without parole.

As the Supreme Court noted in Roper v. Simmons, children are:

  • Less likely to be deterred by punishment

  • Less deserving of harsh retribution

  • More capable of rehabilitation

Sentencing a juvenile to life without parole ignores these crucial differences between children and adults.

Individuals who committed serious crimes as juveniles but have since rehabilitated themselves offer valuable insights into this issue. These individuals have gone on to make significant contributions to society in various fields, including law enforcement, legislation, social justice, arts, and business.

Their stories prove that even young offenders who have committed violent crimes can turn their lives around and become valuable members of society. It is impossible to predict the potential of any juvenile offender. To conclude that any young person is beyond redemption and should be imprisoned for life is both unjust and shortsighted.

These individuals urge the Court to recognize the potential for change in young offenders and to rule in favor of giving them a chance at parole.

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Summary of Argument

The experiences of young people who committed crimes as children demonstrate that it is not right to sentence them to life in prison without the possibility of parole. The same reasons why it's not okay to execute young offenders also make it wrong to sentence them to life in prison without the chance of getting out.

Why?

  • Kids are less likely to be scared off by punishment.

  • They don't deserve as much punishment as adults.

  • Most importantly, they have a much better chance of changing and becoming good people.

Real-Life Examples

People who committed serious crimes as kids but have since turned their lives around are proof that young offenders can change. Some of them have even gone on to do amazing things, like:

  • Enforcing the law

  • Writing laws

  • Helping people in need

  • Creating art and music

  • Starting businesses

Conclusion

We can't know for sure what any young offender will become in the future. But we also can't say that they have no chance of changing. It's important to give them a second chance and not lock them away forever.

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Summary of Argument

It's not right to give up on young people who have made mistakes. Even though they did bad things, they're still kids. Because kids and teenagers brains are still growing, they sometimes don't think about the future and how certain things can get them in trouble. But, because their brains are still growing, they are more likely to change and become better people than an adult who commits a crime.

Just like a death sentence, a life sentence in prison without the chance to get out ignores these important differences between kids and adults.

Some people who made mistakes when they were young have gone on to do great things. They've helped make laws, fight for justice, and even create beautiful art. Their stories show that even kids who have done bad things can turn their lives around and make a difference in the world.

We can't know for sure what any young person will become. But we also can't say that any of them have no hope. They all have the potential to change and do good things. That's why it's important to give them a chance to prove themselves.

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Footnotes and Citation

Cite

Charles S. Dutton, et al., Brief of Former Juvenile Offenders Charles S. Dutton, et al. as Amici Curiae in Support of Petitioners, Terrence Jamar Graham v. Florida, Joe Harris Sullivan v. Florida, Nos. 08-7412 and 08-7621 (U.S. Sup. Ct. July 23, 2009)

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