Brief on Behalf of Defendant-Appellant
Marsha Levick
Lauren Fine
SimpleOriginal

Summary

A mandatory sentence of life with the possibility of parole after 40 years for a first degree murder committed at the age of 15 violates Miller.

2012 | State Juristiction

Brief on Behalf of Defendant-Appellant

Keywords first degree murder; mandatory sentencing; individualized sentencing; Miller; Graham; meaningful opportunity for release
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Summary of Argument

Miller reaffirms the Court's recognition that children are fundamentally different from adults and categorically less deserving of the harshest forms of punishments. Miller requires the sentencer to make an individualized sentencing determination based on a juvenile's overall culpability. This Court's sentence deprives the appellant of a meaningful opportunity for release as required by Miller and Graham.

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Summary of Argument

Miller v. Alabama reaffirmed the principle that children, due to their developmental immaturity, are fundamentally distinct from adults and therefore less deserving of the most severe punishments. The Miller decision mandates that sentencers conduct individualized assessments of a juvenile's overall culpability before imposing a sentence. The current case presents a scenario where the Court's sentence fails to afford the appellant a meaningful opportunity for release, as mandated by Miller and Graham v. Florida. This failure constitutes a violation of the appellant's constitutional rights.

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Summary of Argument

In Miller v. Alabama, the Supreme Court established that juvenile offenders are fundamentally different from adults and should not automatically be subjected to the harshest punishments, such as life sentences without the possibility of parole. This decision requires judges to consider the unique characteristics of each juvenile offender, including their age, maturity, and potential for rehabilitation, when determining an appropriate sentence.

The present case presents a situation where the court's sentence fails to provide the appellant with a meaningful opportunity for release, as mandated by Miller and Graham v. Florida. This failure to consider the appellant's individual circumstances and potential for rehabilitation violates the principles established by the Supreme Court.

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Summary of Argument

In the Miller case, the Supreme Court stated that children are different from adults and shouldn't be punished in the same way. They said that judges need to consider each juvenile's actions and how responsible they are before sentencing. The current case doesn't allow for the possibility of release for the appellant, which goes against what the Miller and Graham rulings require.

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Summary of Argument

The Supreme Court has stated that children are different from adults and should not be given the same harsh punishments. A judge must consider how much blame a child deserves when deciding their punishment. In this case, the court's decision means the person will likely stay in prison for a very long time, which goes against the rules set by the court in other cases.

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Footnotes and Citation

Cite

Brief of Juvenile Law Center as Amicus Curiae in Support of Defendant-Appellant, People v. Banks, No. 08CA105 (Colo. Ct. App. Nov. 13, 2012).

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