Brief of Council of Juvenile Correctional Administrators, et al.
Corrine A. Irish
George H. Kendall
SimpleOriginal

Summary

Life without parole sentencing fails to recognize that, unlike many adults offenders, juvenile offenders possess unique potential for rehabilitation.

2009 | Federal Juristiction

Brief of Council of Juvenile Correctional Administrators, et al.

Keywords brain development; prefrontal cortex; juvenile LWOP; trauma; mental health; developmental needs; juvenile offenders; unique attributes of youth
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Summary of Argument

While we strongly believe that juveniles must be held accountable for their actions, condemning a juvenile to prison for the rest of his life at a point where his true character and potential cannot be accurately assessed is deeply troubling. In our professional capacities, we have experienced great successes with juveniles who others believed could not succeed. We believe the critical question for this Court is not “whether” but “when” – when is the proper and humane time to decide if a juvenile deserves to spend his life in prison. Empirical data, medical science and practical experience overwhelmingly shows that juvenile offenders are distinct from adult offenders and that these distinctions evince a unique potential for rehabilitation. We submit, therefore, that this determination can be made only in a post adolescence review of the development and treatment progress of a juvenile offender.

Open Amicus Brief as PDF

Summary of Argument

While acknowledging the necessity of juvenile accountability, the authors contend that sentencing juveniles to life imprisonment without the opportunity for post-adolescence review is profoundly concerning. They argue that the unique characteristics and rehabilitative potential of juvenile offenders necessitate a delayed determination of their eligibility for lifelong incarceration.

Juvenile Offenders: Distinct Characteristics and Rehabilitative Potential

Empirical evidence, medical science, and practical experience demonstrate that juvenile offenders differ significantly from adult offenders. These distinctions include:

  • Underdeveloped cognitive abilities

  • Impulsivity and susceptibility to peer influence

  • Greater capacity for change and rehabilitation

Post-Adolescence Review: A Humane and Informed Approach

The authors propose that the determination of whether a juvenile offender deserves life imprisonment should be made only after adolescence. This post-adolescence review would allow for an assessment of the offender's:

  • Developmental progress

  • Response to treatment

  • Potential for rehabilitation

By postponing this decision, the justice system can make a more informed and humane judgment based on the individual's demonstrated capacity for change and growth.

Summary of Argument

While it is essential to hold juveniles accountable for their actions, it is equally important to consider their potential for rehabilitation. Sentencing a juvenile to life in prison without fully understanding their capacity for change is deeply concerning.

Professionals in the field have observed significant transformations in juveniles who were initially considered beyond redemption. The question is not if juveniles should face consequences, but when it is appropriate to make the life-altering decision of life imprisonment.

Scientific evidence and practical experience indicate that juvenile offenders are distinct from adults. They have a higher potential for rehabilitation due to their developing brains and unique circumstances. Therefore, it is crucial to postpone the determination of life imprisonment until after adolescence, when a more comprehensive evaluation of their progress and potential can be made.

Summary of Argument

Kids who commit crimes should be punished, but it's not fair to lock them up for life when they're still young and have the potential to change.

Supporting Points:

  • Kids are different from adults in important ways that make them more likely to change for the better.

  • We've seen kids who were thought to be hopeless turn their lives around.

  • It's not right to decide a kid's whole life when they're still developing.

  • We should wait until they're older and have had a chance to prove themselves before we lock them up for good.

It's important to hold kids accountable for their actions, but we also need to give them a chance to grow and change. Locking them up for life when they're still young is cruel and unfair.

Summary of Argument

We think it's important for kids who have done wrong things to be punished. But we don't think it's right to lock them up for life when they're still young and growing.

When kids are young, their brains are still changing and they're still learning about right and wrong. They have a better chance of changing their behavior and becoming good people than adults do.

We've seen kids who everyone thought were bad turn their lives around. So we believe it's important to wait until kids are older to decide if they should spend their whole lives in prison.

Science and experience show that kids are different from adults and that they have a better chance of changing for the better. That's why we think they should have a chance to prove themselves before they're locked up for life.

Footnotes and Citation

Cite

Council of Juvenile Correctional Administrators, et al., Brief of Council of Juvenile Correctional Administrators, 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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