Brief of Fred T. Korematsu Center for Law and Equality as Amicus Curiae in Support of Petitioner
Robert S. Chang
Melissa Lee
Jessica Levin
Lorraine K. Bannai
SimpleOriginal

Summary

Article I, Section 14's heightened protection in the juvenile sentencing context guarantees a meaningful opportunity for release.

2018 | State Juristiction

Brief of Fred T. Korematsu Center for Law and Equality as Amicus Curiae in Support of Petitioner

Keywords meaningful opportunity for release; juvenile offenders; Eighth Amendment (U.S.); Miller; juvenile sentencing; cruel and unusual punishment; LWOP; life without parole; de facto life without parole; resentencing; homicide
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Summary of Argument

This Court has made great strides in advancing juvenile justice under the Eighth Amendment, incorporating and expanding the central teachings of Roper, Graham, Miller, and Montgomery in O’Dell, Ramos, and Houston-Sconiers. In Bassett, this Court built upon those decisions to categorically bar juvenile life without parole, this time grounding its decision in article I, section 14 of the Washington constitution.In Houston-Sconiers, this Court established that sentencing courts must consider the mitigating qualities of youth at the time of sentencing, and afforded trial courts ultimate discretion to depart from adult sentencing schemes when sentencing juveniles for any crime. However, Houston-Sconiers left open the possibility that the exercise of that discretion might result in a life equivalent sentence, because it did not address courts’ duty to avoid such sentences. Mr. Gilbert’s case is an opportunity for this Court to continue building our state’s juvenile justice jurisprudence and to address what Houston-Sconiers left unaddressed— the affirmative duty that Washington courts have under article I, section 14 to ensure that juveniles have a meaningful opportunity for release.

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Summary of Argument

The Washington Supreme Court has significantly advanced juvenile justice under the Eighth Amendment by incorporating and expanding the principles established in landmark cases such as Roper, Graham, Miller, and Montgomery, further solidified in O’Dell, Ramos, and Houston-Sconiers. The Bassett decision extended these principles to categorically prohibit life without parole sentences for juveniles, grounding this prohibition in the Washington State Constitution's Article I, Section 14.

Houston-Sconiers established a mandate for sentencing courts to consider the mitigating factors associated with youth at the time of sentencing, granting trial courts discretionary authority to deviate from adult sentencing schemes when sentencing juveniles for any crime. However, the Houston-Sconiers decision left open the question of whether this discretionary authority could result in life-equivalent sentences, as it did not explicitly address the courts' obligation to avoid such sentences.

Mr. Gilbert's case presents an opportunity for the Washington Supreme Court to further develop its state's juvenile justice jurisprudence. This case allows the court to address the issue left unaddressed by Houston-Sconiers – the affirmative duty of Washington courts, under Article I, Section 14, to ensure that juveniles have a meaningful opportunity for release.

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Summary of Argument

The Washington Supreme Court has significantly advanced juvenile justice under the Eighth Amendment, building upon landmark cases like Roper, Graham, Miller, and Montgomery in subsequent cases such as O’Dell, Ramos, and Houston-Sconiers. This progression culminated in Bassett, where the court categorically barred life without parole for juveniles, grounding its decision in the Washington state constitution.

Houston-Sconiers established that courts must consider the mitigating qualities of youth during sentencing, granting them discretion to deviate from adult sentencing schemes for juvenile offenders. However, the court left unresolved whether the exercise of this discretion could lead to a life equivalent sentence, failing to explicitly address the duty to avoid such sentences.

Mr. Gilbert’s case presents an opportunity for the court to further develop Washington's juvenile justice jurisprudence by addressing this oversight. The court must clarify the affirmative duty of Washington courts under the state constitution to ensure that juveniles have a meaningful opportunity for release, thus addressing the ambiguity left by Houston-Sconiers.

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Summary of Argument

The Washington Supreme Court has been working to improve juvenile justice based on the Eighth Amendment. This has involved applying the ideas from important cases like Roper, Graham, Miller, and Montgomery to cases like O’Dell, Ramos, and Houston-Sconiers. In Bassett, the court went even further and banned life without parole for juveniles, citing the Washington state constitution.

Houston-Sconiers ruled that courts must consider a juvenile’s age and maturity at the time of the crime when sentencing. This gives judges the power to use sentencing guidelines different from those used for adults. But Houston-Sconiers didn’t say anything about whether a judge could give a sentence that would essentially be life in prison. Mr. Gilbert’s case gives the court a chance to continue its work on juvenile justice. It also allows them to clarify the rules about judges’ duty to ensure that juveniles have a chance to be released from prison someday.

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Summary of Argument

The court has been working to make the justice system fairer for young people. This includes following the rules set out in Roper, Graham, Miller, and Montgomery. The court has also made decisions in O’Dell, Ramos, and Houston-Sconiers that help young people. In Bassett, the court ruled that young people can't be sentenced to life in prison without a chance for parole. The court also said in Houston-Sconiers that judges should think about how young people are different when they are sentencing them. However, Houston-Sconiers didn't say anything about judges making sure that young people have a chance to get out of prison someday. Mr. Gilbert's case is a chance for the court to keep making the system fairer for young people by saying that judges have to make sure young people can get out of prison.

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Footnotes and Citation

Cite

Brief of Fred T. Korematsu Center for Law and Equality as Amicus Curiae in Support of Petitioner, State v. Gilbert, No. 95814-9 (Wash. Dec. 6, 2018).

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