Brief of Fred T. Korematsu Center for Law and Equality, American Civil Liberties Union of Washington, Washington Association of Criminal Defense Lawyers, and Washington Defender Association as Amici Curiae in Support of Respondent
Robert S. Chang
Melissa Lee
Jessica Levin
Nancy Talner
Rita Griffith
SummaryOriginal

Summary

A sentencing court must always set the minimum sentence at 25 years unless the State can prove that a particular juvenile does not have the “hallmark features” of youth.

2019 | State Juristiction

Brief of Fred T. Korematsu Center for Law and Equality, American Civil Liberties Union of Washington, Washington Association of Criminal Defense Lawyers, and Washington Defender Association as Amici Curiae in Support of Respondent

Keywords hallmark features of youth; juvenile offenders; Miller; meaningful opportunity for release; maturity; rehabilitation; juvenile vulnerability; peer pressure; risk-taking; impulsivity; indeterminate sentences
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Summary of Argument

Although this Court in State v. Bassett, 192 Wn.2d 67, 428 P.3d 343 (2018), categorically eliminated mandatory life-without-parole sentences for juveniles, it did not address indeterminate sentences under RCW 10.95.030. Unless the child is under 16 when the offense is committed, the sentencing court remains free to set the minimum term of years at anywhere between 25 years to something short of life. What this upper limit (de facto life) is remains undecided. But regardless of the minimum term of years set by the sentencing court, because there is no guarantee of release once that minimum term is served, a child sentenced under RCW 10.95.030 may still die in prison.

When a sentencing court sets the minimum term, it must determine whether the child is “the rare juvenile offender” who is “irreparabl[y] corrupt[ ].” Miller v. Alabama, 567 U.S. 460, 480, 132 S. Ct. 2455, 183 L. Ed. 2d 407 (2012). Two problems immediately present themselves. First, how is the court to determine whether a child—who had the physiological and biological characteristics of youth at the time of the offense—does not have the capacity to change? Social science suggests that it is extremely difficult to identify “the rarest of children[ ] . . . whose crimes reflect irreparable corruption.” Montgomery v. Louisiana, 136 S. Ct. 718, 726, 193 L. Ed. 2d 599 (2016), as revised (Jan. 27, 2016). This situation presents an insurmountable risk of error.

Second, the juvenile bears the entire risk of any error the court might make. If the sentencing court believes that the child whom it is sentencing is capable of change, the sentencing court can set the minimum at 25 years. If the court gets it wrong and the child turns out to be one of the few who actually is incorrigible, the Indeterminate Sentence Review Board (ISRB) will have the facts before it and can prevent that person from being released. But if the court erroneously decides that the child is incorrigible and sets the minimum sentence at 48 years, the child has no reprieve. Although he could have been rehabilitated, he will never get a chance to be a productive member of society. A sentence of that length does not advance legitimate penological objectives. In addition, society misses out on someone who would have become a contributing member if given a meaningful opportunity for release.

This Court properly constrains sentencing courts’ discretion, based on the constitution, within the limits set by the legislature. See Bassett, 192 Wn.2d at 91. As detailed below, sentencing courts are only giving the minimum of 25 years when they have no discretion because the child was under 16 at the time of the offense; when courts have discretion, they are generally giving high-range minimum terms short of actual life—or what might be deemed de facto life—under the Miller-fix statute. These sentences ignore that the discretion sentencing courts exercise is in fact constrained by Graham v. Florida, 560 U.S. 48, 82, 130 S. Ct. 2011, 176 L. Ed. 2d 825 (2010), Miller, Montgomery, and by this Court’s extra protections given to juveniles under article I, section 14 of the Washington Constitution, see Bassett, 192 Wn.2d at 73.

This Court should acknowledge that the high risk of error and the asymmetric consequences of error require a sentencing court to set the minimum term at the statutory minimum unless the State, by clear and convincing evidence, establishes that a particular juvenile belongs in the category of those rare youth who are incorrigible. Anything else flies in the face of this Court’s jurisprudence that recognizes that children are different and that Washington’s Constitution gives greater protection to children, even when they are sentenced as adults.

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Summary of Argument

The Washington Supreme Court in State v. Bassett eliminated mandatory life-without-parole sentences for juveniles, but indeterminate sentences under RCW 10.95.030 remain, leaving juveniles subject to prolonged periods of incarceration. This raises concerns about the ability of sentencing courts to accurately assess the potential for rehabilitation in juveniles, particularly given the lack of clear guidelines and the high burden placed on the juvenile to demonstrate their capacity for change.

The Court's decision in Bassett to limit sentencing discretion is largely absent in the context of indeterminate sentences. The high minimum terms given in practice under RCW 10.95.030 contradict the established jurisprudence emphasizing the unique characteristics of juveniles and their heightened constitutional protections.

The court should require the state to prove by clear and convincing evidence that a juvenile is incorrigible before setting a minimum term exceeding the statutory minimum. This approach aligns with the principles of Graham v. Florida, Miller v. Alabama, and Montgomery v. Louisiana, ensuring that sentencing decisions reflect the evolving understanding of juvenile development and the need for proportionate punishment.

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Summary of Argument

The Bassett case removed mandatory life-without-parole sentences for juvenile offenders, but left indeterminate sentences under RCW 10.95.030 intact. This allows sentencing courts to set minimum terms ranging from 25 years to a de facto life sentence, creating potential for life imprisonment for juveniles even after serving their minimum term.

The problem lies in the difficulty of determining whether a juvenile is "irreparably corrupt" and therefore ineligible for release. Social science suggests that this determination is challenging, presenting a significant risk of error.

The juvenile bears the brunt of any error, as a sentence of 48 years, for example, may result in life imprisonment despite the possibility of rehabilitation. This approach does not align with legitimate penological objectives and deprives society of potentially contributing members.

This Court should recognize the high risk of error and its asymmetric consequences by requiring the state to prove, with clear and convincing evidence, that a juvenile is "irreparably corrupt" before setting a minimum term beyond the statutory minimum. This aligns with the Court's jurisprudence recognizing the unique characteristics of children and the enhanced protections afforded to them under the Washington Constitution.

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Summary of Argument

In a previous case, State v. Bassett, the court eliminated life-without-parole sentences for juveniles. However, the court didn't address indeterminate sentences, where judges can set a minimum term of years between 25 years and an undefined upper limit that could be considered equivalent to life in prison. This means a child sentenced under RCW 10.95.030 might never be released from prison, even if they are capable of change.

The court is required to determine if a juvenile is "irreparably corrupt," which is extremely difficult to assess. Even if a court believes a juvenile has the potential for change, it can still set a minimum sentence of 25 years. This puts the burden entirely on the juvenile, who has no recourse if the court incorrectly believes they are incorrigible. The court's decision could lead to a lengthy sentence that prevents a juvenile from becoming a productive member of society.

This Court should acknowledge that the high risk of error in determining a juvenile's future requires a stricter approach to sentencing. Judges should only set the minimum term at 25 years unless the state proves, by clear and convincing evidence, that a juvenile is "irreparably corrupt." This approach would align with previous rulings that recognize the unique characteristics of juveniles and the need for enhanced protections under the Washington Constitution.

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Summary of Argument

In a previous case, State v. Bassett, the court eliminated life-without-parole sentences for juveniles.

This brief explains why it's not fair for a child who committed a crime to be sentenced to a long time in prison. Even if they are due to be released after their sentence, it is possible that they will die in prison.

One reason why this is not fair is that it is very difficult to decide if a child who committed a crime will commit another crime after being released.

Another reason why it's not fair is that if the judge gets it wrong and the child changes and would not commit another crime, they have no chance to get out of prison. Even if the child changed, they would never get a chance to become a good person. It's like locking someone in a room and throwing away the key.

The judge should only give the shortest sentence possible unless there is very strong evidence that the child is "hopelessly bad." This is because children are different from adults and deserve special protections. It's like protecting a little kid from getting hurt.

The law in Washington State should change to make sure that children who commit crimes have a chance to change and become good people.

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Footnotes and Citation

Cite

Brief of Fred T. Korematsu Center for Law and Equality, American Civil Liberties Union of Washington, Washington Association of Criminal Defense Lawyers, and Washington Defender Association as Amici Curiae in Support of Respondent, State v. Delbosque, No. 96709-1 (Wash. Jul. 29, 2019).

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