Brief of Scholars of Criminal Law as Amici Curiae in Support of Petitioner
Issa Kohler-Hausmann
Harry Sandick
Kathrina Szymborski
Hyatt M. Howard
SummaryOriginal

Summary

The Court should review this case to clarify that the sentencer must find a juvenile permanently incorrigible before condemning him to life in prison.

2019

Brief of Scholars of Criminal Law as Amici Curiae in Support of Petitioner

Keywords beyond rehabilitation; incorrigibility; LWOP; life without parole; Miller; Montgomery; diminished culpability; lesser blameworthiness; Eighth Amendment (U.S.); proportionate sentences
Screenshot 2024-05-08 at 10.58.31 AM

Summary of Argument

This Court has held that the Eighth Amendment's prohibition on "cruel and unusual punishments" limits the types of punishments that may be imposed on children. Specifically, this Court has barred mandatory life without parole "for all but the rarest of juvenile offenders, those whose crimes reflect permanent incorrigibility." Montgomery, 136 S. Ct. at 734 (citing Miller v. Alabama, 567 U.S. 460 (2012)).

As held by this Court in Montgomery, Miller announced a substantive rule of proportionality in punishment under which a specific penalty (a lifetime of imprisonment without the possibility of parole) was deemed unconstitutional for an entire class of defendants because of their status Guveniles who are capable of rehabilitation and reform). Id. Therefore, when a court sentences a juvenile to life without parole without determining that he is not among the "rarest of children, those whose crimes reflect 'irreparable corruption,"' Montgomery, 136 S. Ct. at 726, that court has violated a principle central to the Eighth Amendment: proportionality. Graham v. Florida, 560 U.S. 48, 59. (2010).

Miller, after all, "did more than require a sentencer to consider a juvenile offender's youth before imposing life without parole; it established that the penological justifications for life without parole collapse in light of 'the distinctive attributes of youth."' Montgomery, 136 S.Ct. at 734 (emphasis added). To effectuate the substantive guarantee of proportionate punishment, this Court directed lower courts to evaluate if the child at issue is capable of rehabilitation, or is among the rare "permanently incorrigible" children. Although the Court did not mandate the procedure necessary to ensure that only "permanently incorrigible" children were sentenced to life without parole, it warned that this lack of guidance "should not be construed to demean the substantive character of the federal right at issue." Id. at 735. To the contrary, the Court made clear that to impose a life without parole sentence on children whose crimes reflect transient immaturity would be a "deprivation of a substantive right." Id. at 734.

The rule of law announced in Miller and confirmed in Montgomery is imperiled in the decision below. In sentencing Brett Jones to life without parole, the lower court nowhere declared that he was permanently incorrigible. Nor did it reckon with the ample evidence he presented showing not only that his rehabilitation was possible, but that it had occurred over the decade he had already spent incarcerated, and therefore that he does not belong to a class of people for whom a sentence of life without parole is constitutional. See Miller, 567 U.S. at 4 78. In fact, the lower court did not, as this Court commands, consider "youth [as] more than a chronological fact." Id. at 4 76. In failing to do so, it overlooked how youths (including Jones) have "diminished culpability and greater prospects for reform" and therefore are "less deserving of the most severe punishments." Id. at 4 71 (internal quotation marks and citations omitted). Accordingly, the scheme that produced Jones's penalty is an unconstitutional one, as it allows for the imposition of illegal, disproportionate sentences.

Without reqmrmg a finding of permanent incorrigibility for sentencing a child to spend his entire life and die in prison, Montgomery's determination that Miller's rule is substantive is rendered meaningless. Amici respectfully urge the Court to grant certiorari to clarify that the sentencer must find a juvenile permanently incorrigible before condemning him to life in prison, and moreover that evidence of actual rehabilitation militates against a finding that a particular juvenile offender is among the "rarest of children, those whose crimes reflect 'irreparable corruption."' Id. at 726. This Court's consideration of this case is necessary to ensure implementation of its substantive rules and uphold the rule of law.

Open Amicus Brief as PDF

Summary of Argument

The Eighth Amendment's prohibition against "cruel and unusual punishments" restricts the types of penalties that can be imposed on juvenile offenders. In Montgomery v. Louisiana (2016), the Supreme Court held that mandatory life without parole sentences are unconstitutional for all but the "rarest of juvenile offenders," whose crimes demonstrate "permanent incorrigibility."

**The Substantive Rule of Proportionality in Miller and Montgomery

Miller v. Alabama (2012) established a substantive rule of proportionality, deeming life without parole unconstitutional for juveniles who are capable of rehabilitation. Montgomery extended this rule, holding that courts must determine whether a juvenile offender is among the "rarest of children" who are irredeemable before imposing a life without parole sentence.

The Importance of Rehabilitation and Transient Immaturity

Montgomery recognized that the "distinctive attributes of youth," including diminished culpability and greater potential for reform, render life without parole sentences disproportionate for most juvenile offenders. Courts must consider evidence of rehabilitation and the transient nature of youthful immaturity when sentencing juveniles.

**The Imperiled Rule of Law in Jones

In Brett Jones, the lower court failed to find that Jones was permanently incorrigible or to consider evidence of his rehabilitation. This omission violated the substantive rule of proportionality established in Miller and Montgomery.

Conclusion

To ensure the implementation of the Eighth Amendment's substantive guarantees, courts must require a finding of permanent incorrigibility before sentencing juveniles to life without parole. Evidence of rehabilitation must be considered, as it militates against a finding of irredeemable corruption. Failure to adhere to these principles undermines the rule of law and violates the constitutional rights of juvenile offenders.

Open Amicus Brief as PDF

Summary of Argument

The Eighth Amendment prohibits "cruel and unusual punishments." The Supreme Court has ruled that this applies to children, limiting the types of punishments that can be given to them.

Life Without Parole for Children

The Court has specifically prohibited mandatory life sentences without parole for most juvenile offenders. Only the "rarest" cases, where the child is "permanently incorrigible," can receive this punishment.

Montgomery and Miller Cases

In the Montgomery and Miller cases, the Court established that life without parole is an unconstitutional punishment for children who are capable of rehabilitation. The Court emphasized that children have unique characteristics, such as "diminished culpability and greater prospects for reform," which make them less deserving of severe punishments.

Sentencing Procedures

When sentencing a child to life without parole, the court must determine that the child is permanently incorrigible. If the child has shown evidence of rehabilitation, this should be considered in the decision.

Brett Jones Case

In the Brett Jones case, the lower court sentenced him to life without parole without finding that he was permanently incorrigible. The court also did not consider evidence of his rehabilitation.

Conclusion

The Supreme Court's rulings in Montgomery and Miller require that courts carefully consider a child's potential for rehabilitation before imposing a life without parole sentence. Failure to do so violates the Eighth Amendment's prohibition on cruel and unusual punishments.

Open Amicus Brief as PDF

Summary of Argument

The Problem:

Kids who commit crimes can't be sentenced to life in prison without parole (meaning they'll never get out) unless they're the worst of the worst—those who can't be changed or rehabilitated.

The Rule:

In two important cases, Miller and Montgomery, the Supreme Court said that judges must consider a kid's age and potential for rehabilitation before sentencing them to life without parole. They can't just automatically give this harsh punishment to all kids who commit serious crimes.

The Issue:

In the case of Brett Jones, the judge sentenced him to life without parole without finding that he was one of those rare kids who couldn't be rehabilitated. Jones had even shown that he had changed and improved during his time in prison.

The Concern:

If judges don't have to prove that a kid is beyond rehabilitation before sentencing them to life in prison, then kids who could be helped and turned around might end up spending their entire lives behind bars. This goes against the Supreme Court's rule that punishments should be fair and not overly harsh.

The Request:

The authors of this article are asking the Supreme Court to step in and make it clear that judges must find that a kid is permanently incorrigible (can't be rehabilitated) before sentencing them to life without parole. They also want the Court to say that evidence of rehabilitation should be considered in making this decision. This would help ensure that kids who deserve a chance at a better future aren't locked away forever.

Open Amicus Brief as PDF

Summary of Argument

When kids commit a crime, they shouldn't get the same punishments as adults. That's because kids are still growing and changing, and they have a better chance of becoming good people again.

The worst punishment a kid can get is life in prison without parole. The court says this punishment should only be for the very worst kids, the ones who will never change.

Brett Jones was a kid who got sentenced to life without parole. But he didn't do anything that showed he was a bad person forever. In fact, he had changed a lot in the 10 years he had been in jail. He had become a better person.

The court needs to make a rule that says kids can't get life without parole unless there's proof that they'll never change. And if a kid has shown that they've changed, they shouldn't get that punishment. This would make sure that kids are treated fairly and that they have a chance to become good people again.

Open Amicus Brief as PDF

Footnotes and Citation

Cite

Brief of Scholars of Criminal Law as Amici Curiae in Support of Petitioner, Jones v. Mississippi, No. 18-1259 (U.S. May 22, 2019).

    Highlights