Brief of the Sentencing Project as Amicus Curiae in Support of Petitioners
The Sentencing Project
SummaryOriginal

Summary

Juvenile life without parole sentences contradict Roper v. Simmons, recognizing juveniles' distinctiveness. They're excessively harsh given juveniles' reduced culpability and are often handed out without considering this factor.

2009 | Federal Juristiction

Brief of the Sentencing Project as Amicus Curiae in Support of Petitioners

Keywords juveniles; life without parole; Eighth Amendment; culpability; mandatory sentencing; individualized consideration; rehabilitation; maturity; negative influences; death penalty
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Summary of Argument

In Florida and other states, juveniles – sometimes as young as 13 or 14 at the time of their offense – are serving life sentences without the possibility of parole. In some cases, they are serving these sentences for offenses in which no homicide  was committed, or in cases in which they acted as an  accomplice for an older, more culpable defendant’s  crime. And in many cases, juveniles are serving life without-parole sentences that are effectively mandatory, rather than the result of careful and individualized sentencing decisions. State law frequently requires both that these juvenile offenders be tried as adults and that, upon conviction, they be sentenced  to life without parole, meaning that no judge or jury  ever considered whether the juvenile’s age of culpability potentially warranted a lesser sentence.  

These sentences violate the Eighth Amendment’s prohibition on cruel and unusual punishment. The  Eighth Amendment is grounded in the “basic precept  of justice that punishment for crime should be  graduated and proportioned to the offense.” Roper v.  Simmons, 543 U.S. 551, 560 (2005) (citations and  quotation marks omitted). Whether a particular  penalty comports with this proportionality requirement depends in large part on the culpability of the  offender – a factor that has motivated this Court’s  rejection of disproportionate penalties in a variety of circumstances. See, e.g., Roper, 543 U.S. at 569-70;  Atkins v. Virginia, 536 U.S. 304, 319 (2002); En mund v. Florida, 458 U.S. 782, 797-801 (1982). 

Nowhere is the question of a defendant’s culpability more relevant than in sentences involving juvenile offenders, whom this Court has long recognized  are less blameworthy than adults who commit similar crimes. See, e.g., Thompson v. Oklahoma, 487  U.S. 815, 835 (1988) (“less culpability should attach  to a crime committed by a juvenile than to a comparable crime committed by an adult”) (plurality op.).  In particular, juveniles lack the same maturity as  adults, are more susceptible to negative influences,  and possess a greater capacity for reform over time.  Roper, 543 U.S. at 569-70. This Court has determined that because of these “marked and well understood” differences between juveniles and adults,  id. at 572-73, the Eighth Amendment prohibits imposition of the death penalty on offenders under the  age of 18, id. at 578. 

That same reasoning applies with equal force to  sentences of life without parole for juvenile offenders. Life without parole, “like death, is a sentence  different in quality and character from a sentence to  a term of years subject to parole,” Hampton v. Kentucky, 666 S.W.2d 737, 741 (Ky. 1984) – and its imposition runs counter to this Court’s conclusion that  juveniles cannot be classified “among the worst offenders,” Roper, 543 U.S. at 570. Indeed, life without parole not only condemns juveniles to a sentence  that reflects a determination that they can never be  rehabilitated, it removes incentives for good behavior  by making it effectively impossible in many cases for juveniles to access rehabilitative services that are in  practice reserved for offenders with lesser sentences.  

It is no answer to the Eighth Amendment problem to say that individual judges and juries are in  the best position to make case-by-case decisions  about which juvenile offenders deserve a life without-parole sentence. Unlike the sentence this  Court considered in Roper, life without parole is often imposed on juveniles without any individualized  consideration of their diminished culpability. Before  Roper’s categorical ban on the sentence, the death  penalty could only be imposed on a juvenile after a  judge or jury considered his culpability. See Roper,  543 U.S. at 602-03 (O’Connor, J., dissenting). In the  context of life without parole, however, such individualized consideration is frequently unavailable or  even impossible. Mandatory transfer and mandatory sentencing laws, whose use has expanded dramatically over the past two decades, create a perfect  storm for juvenile offenders: They require that juveniles be tried in the adult system and, upon conviction, mandate a sentence of life without parole. Together, these laws deny many juveniles any opportunity to have their age, home environment, history  of abuse, and other factors related to their culpability considered at any stage of the proceedings  against them.  

For these reasons, the Eighth Amendment prohibits the imposition of life without parole on juvenile offenders. The judgments below should be reversed.

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Summary of Argument

Introduction

The imposition of life sentences without parole on juvenile offenders in Florida and other states contravenes the Eighth Amendment's prohibition against cruel and unusual punishment. These sentences often result from mandatory sentencing laws that preclude individualized consideration of the offender's culpability, which is particularly relevant in cases involving juveniles.

Eighth Amendment Principles

The Eighth Amendment requires that punishments be proportionate to the offense, with culpability being a crucial factor. The Supreme Court has recognized that juveniles are less blameworthy than adults due to their immaturity, susceptibility to negative influences, and potential for rehabilitation.

Life Without Parole for Juveniles

Like the death penalty, life without parole is a qualitatively different sentence from a term of years with parole. It condemns juveniles to a lifetime of incarceration without the possibility of rehabilitation or incentives for good behavior.

Mandatory Sentencing Laws

Mandatory transfer and sentencing laws have proliferated, requiring juveniles to be tried as adults and imposing life without parole upon conviction. These laws eliminate the opportunity for judges or juries to consider mitigating factors related to the juvenile's culpability.

Conclusion

The Eighth Amendment prohibits the imposition of life without parole on juvenile offenders. These sentences violate the principle of proportionality and fail to account for the diminished culpability of juveniles. The judgments in cases where such sentences have been imposed should be reversed.

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Summary of Argument

Introduction

In several states, including Florida, juveniles as young as 13 or 14 are serving life sentences without the possibility of parole. These sentences are often imposed for non-homicide offenses or for cases where the juvenile acted as an accomplice. In many cases, these sentences are mandatory, meaning that judges and juries do not consider the juvenile's age or culpability.

Eighth Amendment Protections

The Eighth Amendment prohibits cruel and unusual punishment, which includes sentences that are disproportionate to the crime committed. The culpability of the offender is a crucial factor in determining proportionality. Juveniles are recognized as less blameworthy than adults due to their immaturity, susceptibility to negative influences, and potential for rehabilitation.

Life Without Parole for Juveniles

Life without parole sentences for juveniles are akin to the death penalty in their severity and finality. They deny juveniles the possibility of rehabilitation and remove incentives for good behavior. These sentences are imposed without individualized consideration of the juvenile's culpability, often due to mandatory transfer and sentencing laws.

Conclusion

The Eighth Amendment prohibits the imposition of life without parole on juvenile offenders. These sentences are disproportionate to their culpability and violate the principle of individualized sentencing. The judgments in cases where such sentences have been imposed should be reversed.

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Summary of Argument

Children and Teens Sentenced to Life

Some kids as young as 13 or 14 are spending their entire lives in prison without any chance of getting out. They might have done something wrong, but they didn't kill anyone. Or maybe they helped someone older who did something really bad.

No Second Chances

In many cases, these kids are automatically tried as adults and given life sentences without parole. That means no judge or jury ever thinks about whether the kid's age or situation should make them eligible for a shorter sentence.

Why It's Wrong

The Constitution says that punishments should fit the crime. But kids are different from adults. They're not as mature, they're more easily influenced by others, and they have a better chance of changing for the better.

Life Without Hope

Life without parole is like a death sentence for kids. It says they'll never be able to change or make up for what they did. It also takes away their motivation to behave well in prison, because they know they'll never get out.

Mandatory Sentencing

The problem is that laws often force kids to be tried as adults and sentenced to life without parole. These laws don't allow for any consideration of the kid's age or other factors that might make them less responsible for their actions.

Conclusion

Sentencing kids to life without parole is cruel and unusual punishment. It goes against the Constitution and should be stopped.

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Summary of Argument

Sometimes, kids as young as 13 or 14 get sentenced to life in prison without the chance of getting out. This can happen even if they didn't kill anyone or if they helped another person commit a crime. In many cases, the law says that these kids have to be tried as adults and get life in prison without parole. This means that no judge or jury ever thinks about whether the kid's age or situation should make their punishment less severe.

Why This Is Wrong

The Constitution says that punishments should fit the crime. When it comes to kids, they are not as responsible for their actions as adults. They don't think as clearly, they can be easily influenced by others, and they have a better chance of changing for the better over time.

Life in prison without parole is like the death penalty. It's a very serious punishment that says the person can never be fixed. It also takes away any reason for kids to behave well in prison because they know they'll never get out.

What's the Problem?

The problem is that laws often don't allow judges or juries to consider the kid's age or other things that might make them less responsible. These laws force kids to be tried as adults and sentenced to life in prison without parole, even if they don't deserve it.

Conclusion

It's not fair to sentence kids to life in prison without parole. They are not as responsible as adults and they deserve a chance to change.

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Footnotes and Citation

Cite

Brief of the Sentencing Project as Amicus Curiae in Support of Petitioners, Graham v. Florida, Nos. 08-7412, 08-7621 (U.S. Aug. 3, 2009).

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