Redefining Youth: The Case for Applying the Principles of Miller v. Alabama to Criminal Cases Involving Adults in Late Adolescence
Salua Kamerow
SummaryOriginal

Summary

This article argues that teens and young adults (up to age 25) deserve lighter sentences because science shows their brains are still developing, making them more impulsive but also have a better chance of rehabilitation.

2023

Redefining Youth: The Case for Applying the Principles of Miller v. Alabama to Criminal Cases Involving Adults in Late Adolescence

Keywords Miller; developmental stage; self-regulation; culpability; rehabilitation; late adolescence; criminality

Abstract

In 2012, in Miller v. Alabama, the United States Supreme Court held it unconstitutional to impose a mandatory sentence of life without parole on children because such a sentence fails to adequately account for a child’s developmental stage or ability to weigh long-term consequences. Children are fundamentally different from adults, making them more susceptible to lack of self-regulation, poor decision making, and peer pressure. In Miller, the Court found that these aspects of children’s behavior made children less culpable than adults. Psychological studies have demonstrated that adolescence is more protracted than previously recognized. Profound malleability of the brain characterizes the period between ages ten and twenty-five. This malleability often results in changes in behavior, unanticipated reactions, and poor decision- making in these individuals. However, scientific findings support the contention that this same malleability allows adolescents to rehabilitate, making a case for rapid positive change. Individuals between eighteen and twenty-one years old can be considered to have entered a period known as “late adolescence,” a time more akin to adolescence than adulthood. Late adolescence may help explain why criminality in young adults dramatically decreases around the time they reach age twenty-two and continues to decline until their mid-twenties. This article argues that courts should apply Miller when sentencing late adolescents. Therefore, courts should extend the ban on mandatory life without parole to youth who committed a crime before turning twenty-one."

Introduction

In Miller v. Alabama, the Supreme Court handed down its most controlling decision of the last quarter-century in youth law, impacting the lives of many individuals who were sentenced to life in prison when they were minors.1 The Court emphasized that those individuals deserve “some meaningful opportunity to obtain release” based on their rehabilitation because their crimes reflect an “unfortunate yet transient immaturity.”2 The Court found that mandatory sentencing schemes for young people violated the Eighth Amendment. In arriving at this decision, the Court set a five-factor test for the trier of fact to consider in deciding each case.

The Court received numerous amicus briefs supporting the defendants.3 These amici argued that juveniles’ age and underdeveloped brains made them susceptible to impulsivity and reckless behavior.4 These briefs argued that children’s social and familial environments significantly impact their decision-making and that their unfinished brain development diminishes their capacity to understand the risks involved in their behavior.5 Amici further explained that children deserve special consideration based on their failure to anticipate consequences and their tremendous capacity for rehabilitation.6

This article proposes that courts apply the Miller factors applicable to juveniles seventeen years old and younger to late adolescents: individuals between eighteen and twenty-one years of age. This article argues that late adolescents’ brain maturation, personal traits, family and peer influence, understanding of the legal environment, and potential for rehabilitation are more akin to teenagers than young adults. Because of all these commonalities between the two groups, life in prison without the possibility of parol for late adolescents arguably violates the Eighth Amendment under Miller.

I. Life with the Possibility of Parole as the Default for Late Adolescents

“Life without parole” is a euphemism that legitimizes the second-harshest penalty imposed on children in the United States. “Death-by-incarceration”7 is a more appropriate description. It is not uncommon to find individuals condemned to die in prison.8 During the mid-1990s, American society largely embraced this idea by abolishing the possibility of parole.9 By 2000, Alaska, Arizona, California, Delaware, Florida, Illinois, Indiana, Kansas, Louisiana, Maine, Minnesota, Mississippi, New York, North Carolina, Ohio, Oregon, Tennessee, Virginia, Washington, and Wisconsin had abolished discretionary parole.10 This resulted in its indiscriminate use, rather than reserving a life without parole sentence for the most egregious crimes. This approach is premised on the false narrative that sentencing people to life without parole is an effective deterrent.11 As a result, society has embraced life without parole as an appropriate sentence, even while rejecting the death penalty.12

When the U.S. government initially created parole in the nineteenth century, the hope was that the potential for release would encourage offenders to seek opportunities for rehabilitation.13 There was a sincere push for shifting from the retributive, punishment-oriented goal of a lengthy prison sentence to providing opportunities for the reintegration of incarcerated offenders into the community when rehabilitated.14 Parole served as a motivator for offenders to rehabilitate. Still, its abolition in some states and its denial for subjective reasons where parole is an option diminish the chance for positive transformation.15 However, sentencing people for the sole purpose of punishment instead of rehabilitation is back in fashion in several states, an approach that only increased with the abolition of the death penalty at the end of the twentieth century.16

Between 2008 and 2012, there was a 22.2% increase in people sentenced to life without parole compared to those sentenced with the possibility of parole.17 By 2012, there were 159,520 people in the United States sentenced to die in prison.18 Today, one out of every nine incarcerated offenders’ convictions result in life without parole.19 Approximately 10,000 of these offenders are there for nonviolent offenses.20 More than 10,000 additional inmates are serving their lengthy imprisonments for crimes they committed as juveniles.21

A. Historical Progression of the Eighth Amendment Interpretation

As the United States embraced indiscriminately harsh sentences, the Supreme Court began to consider whether the death penalty and life without parole were consistent with the Eighth Amendment’s ban on cruel and unusual punishment. The Court decided in several decisions from the early 2000s until late 2021 that sentencing people deemed incompetent to the death penalty and life without parole was violative of the Eighth Amendment.22

The analysis of the Eighth Amendment has not been stagnant, appropriately evolving with the “standards of decency” of a civilized society.23 The courts have interpreted a sentence to violate the Eighth Amendment if it is excessive, meeting certain criteria. First, the sentence must be a purposeless and needless imposition of pain and suffering.24 Second, the sentence must be grossly out of proportion to the severity of the crime.25 From the retributive perspective, the punishment is excessive if it is harsher than the defeant deserves.26 Sentencing every murderer to the death penalty, for instance, would be cruel and unusual because it should be rarely imposed and reserved for the most egregious murders.27

It was not until 2002 that the Court concluded for the first time that sentencing an intellectually disabled person to the death penalty was excessive and thus a cruel and unusual punishment violative of the Eighth Amendment.28 That decision emphasized that the Eighth Amendment should be interpreted in a way that “comport[s] with “the progress of a maturing society.”29 Some jurisprudence did not evolve at the same pace at which society began to reject these harsh punishments. It was not until 2005 that the Supreme Court held in Roper v. Simmons that sentencing children under eighteen to death constituted cruel and unusual punishment.30 The core of this decision recognized for the first time that juveniles are less culpable and deserve less severe penalties than their adult counterparts.31 The Court recognized the standards of decency were not only moral prerogatives, but derived from the influence of scientific advances in psychology and brain development in juveniles. The Court wrote that juveniles, compared to adults, “lack maturity and [have] an underdeveloped sense of responsibility,” that children are more vulnerable to peer pressure and negative influences, and that their character traits were not “as well-formed.”32

The Court did not hold that youth should be absolved of responsibility, but rather that courts should consider children’s actions attributable to their youth and lack of brain development in some cases. In other words, children should be considered less culpable than an adult committing the same offense.33 The Court recognized the developments in psychology and brain science that evidenced the foundational differences between juveniles and adults and the vast capacity for change inherent in youth.34

Justice Scalia dissented in Roper, echoing an opinion he delivered sixteen years earlier holding the opposite: capital punishment for juveniles under eighteen did not constitute cruel and unusual punishment.35 One possible reason for the dissent is that Justice Scalia was a textualist, which seemingly contradicts the Eighth Amendment’s evolving standards of decency approach. Although several courts had pointed out the concept of excessiveness of punishment according to the prevailing standards of 16858,36 Justice Scalia urged them to reexamine the original meaning of the Amendment.37 Justice Scalia was also a firm believer that the Supreme Court should judge rather than nullify laws enacted by state legislatures, pointing out that national consensus was a mechanism the founding fathers used to prevent the Court from quashing statutes.38 The dissent called the majority opinion lenient for abandoning the harsh punishments for juveniles.39 The dissent also alleged that the majority’s rationale had nothing to do with the decency standard but with an unnecessary sentiment of compassion towards guilty minors.40

Three years later, the Court heard Kennedy v. Louisiana, where the defendant was charged with the rape of a child, a non-homicidal offense, but nevertheless was sentenced to death.41 The Court found the punishment in this context was cruel and unusual based on a national consensus that capital punishment is inconsistent with the evolving standards of decency that mark the progress of a maturing society, an approach with two sources of precedents.42

In 2010, the Supreme Court held under the same logic that a life without parole sentence for a juvenile who did not commit homicide violated the Eighth Amendment. This case, Graham v. Florida, was the first Eighth Amendment case in which the Court considered all the circumstances concerning a term-of-years sentence.43 The trial court judge had decided the defendant, a sixteen-year-old child, was incorrigible. However, on appeal, the Supreme Court held that a categorical rule for all non-homicide juvenile cases would provide those children meaningful opportunities to demonstrate their rehabilitation as well as an opportunity for release.44

Promptly after the Graham v. Florida decision, a series of cases followed solidifying the concept that children are different than adults for the purposes of sentencing.45 Two petitions for two fourteen-year-old individuals were argued before the Supreme Court in a single hearing asking for a bright-line rule that would ban life sentences for children.46 The state had charged both Kuntrell Jackson and Evan Miller with murder.47 These cases involved mandatory sentencing schemes that precluded judges from considering all the circumstances surrounding a juvenile defendant’s reckless behavior.48

In this landmark decision, the Court found that these schemes prevented judges from considering juveniles’ “lessened culpability,”49 weighing the mitigating factors, and balancing their “capacity for change”50 and rehabilitation.51 Writing for the majority, Justice Kagan developed a set of factors the sentencing court should consider, known as the Miller factors: immaturity, impetuosity, risk-taking, family and home, peer influence, understanding of the legal proceedings, and greater potential for rehabilitation.52 The Court also made clear that life sentences for juveniles should be exceedingly rare and only imposed on youth deemed permanently incorrigible.

The conservative justices of the Miller court based their argument in the dissent on their view of the national consensus.53 Accordingly, the dissent argued the people, through their state legislatures, had endorsed mandatory sentences for minors, providing “‘objective indicia’54 of society’s standards.”55 However, the dissent did not account for the veto a court’s decision would face when each case appeared before the parole board or court for resentencing. The majority view did not grant immediate release to those serving mandatory life sentences for murders they committed while under eighteen. Instead, it provided an opportunity to have their progress during incarceration reviewed for possible parole or a lower sentence.

In responding to Miller and Montgomery v. Louisiana, which clarified that Miller should be applied retroactively, states could either allow those originally sentenced to life without parole when they were minors to go back to the trial court for a resentencing opportunity or go before a parole board for the chance of early release. States around the country have released many individuals in light of these opportunities. Yet, across the country, 1,716 people originally sentenced as children are still serving this type of lengthy sentences.56 Although there is still a long way to go, twenty-five states and Washington, D.C. currently ban life without parole for juveniles, and seven other states have no one serving juvenile life without parole.57

Montgomery was decided four years after Miller. In 1963, a Louisiana court sentenced Henry Montgomery to death for killing a man when Montgomery was seventeen years old.58 An appellate court overturned his conviction, and a new jury found him guilty again in 1970 without imposing the death penalty.59 This decision immediately triggered a sentence of life without the possibility of parole under Louisiana’s sentencing scheme.60 By 2012, Montgomery was a sixty-three-year-old man who had spent forty-nine years imprisoned.61 His legal team filed a suit in Louisiana, asking the court to apply Miller retroactively in that state.

Miller was not an immediate fix, but it was a stepping stone to Mr. Montgomery’s release. The trial court denied the petition, and so did the Louisiana Supreme Court by denying a supervisory writ.62 The United States Supreme Court granted certiorari over the Montgomery case63 and decided that Mr. Montgomery—and virtually everyone convicted of life without parole when they were juveniles previous to Miller—faced an equally unconstitutional sentence.64 This decision created hope for release for Montgomery and every other person sentenced to life without parole before they turned eighteen. Indeed, Montgomery was released in 2021 at age seventy-five, after serving almost sixty years imprisoned and surviving two denials of parole in 2018 and 2019.65

The progressive evolution of the decency standard was abruptly interrupted by the Supreme Court holding in Jones v. Mississippi.66 The Court heard arguments in a case involving a fifteen-year-old boy, Jones, who murdered his grandfather.67 The Jones trial judge did not make a separate finding of Jones’ permanent incorrigibility, which Miller required. Nevertheless, the Supreme Court reasoned the Constitution did not compel an on-the-record explanation of the mitigating circumstances considered by the sentencer in life without parole cases.68

Jones did not disturb the central Court holdings in Miller and Montgomery that mandatory life sentences for children constitute cruel and unusual punishment, but did weaken the protections of the cases. The Jones court rejected the idea that a sentencing court must make a predicate finding that a child is permanently incorrigible before imposing a life sentence.69

B. Applying Miller to Late Adolescence in Eighth Amendment Analysis

The Supreme Court’s shift to protect children under eighteen from cruel and unusual punishment did not disrupt the line of cases justifying different outcomes in different matters for children of different ages.70 The five Miller factors focused on the evidence that children are less culpable than adults and that they have a more significant chance at rehabilitation. The five factors identified in Miller are also relevant in late adolescence.71 Thus, it follows that the same protections the Court afforded to adolescents should be extended to young people between eighteen and twenty-one, a period known as late adolescence.

Both science and past cases support extending the ban on life without parole to late adolescence. The Supreme Court relied heavily on adolescent brain science when drafting the Miller decision.72 Brain science has explained why some children, even those who grow up in stable families and were educated by loving and dedicated parents, can act irrationally and get involved in criminal activity.73 These findings have been acknowledged by the Supreme Court, reflecting that children are “less culpable” than adults.74 In addition, the Court recognized that in imposing a sentence of life without parole on children,75 the penalty becomes more severe because they naturally would spend more time imprisoned than an adult with the same sentence due to their age.76 In Roper v. Simmons, the Supreme Court first recognized that children are more reckless, thoughtless, and susceptible to peer pressure than adults,77 acknowledging that brain science has identified some neurobiological underpinnings that account for differences between children and adults.78

i. Defining Characteristics of Adolescence

Neuroscience demonstrates that the most important developmental changes in the brain occur between puberty and the early twenties.79 There is hope for change even in those children whose circumstances are more conducive to a life in crime because of a neglectful or abusive environment. While early intervention is the ideal approach, the brain’s plasticity is at its peak at the outset of adolescence, providing an excellent chance for rehabilitation.80 Yet, the criminal system has not contemplated that an adolescent whose brain is in the most important developmental phase for restoration, is also increasingly impacted by the trauma of incarceration.81 By placing adolescents in adult prisons, the government only reinforces antisocial behavior in an adolescent’s character, which violates the advice of psychologists who advocate for educational centers for convicted children that can help reduce recidivism.82

Experts agree on one fact: brain development does not conclude until around twenty-four years old.83 This fact also supports the long-standing data that radical and disruptive behavior declines during the early twenties, prompting less crime in adults.84 This decrease in criminal behavior is attributable to a reduction in reward-and-sensation-seeking behavior that controls adolescents’ behavior during puberty.85

ii. Late Adolescents are Children, too, in the United States

In the United States, the definition of a child is more nuanced than it first appears. While most states have adopted eighteen years old as the general age at which the Court recognizes one as an adult, historically, twenty-one years of age marked the end of childhood.86 The states have adopted a bright-line approach in imposing a rule for minority ages, which understandably facilitates the anticipation of outcomes in children’s cases but leaves very little room to consider a child’s maturity, background, and upbringing.87

Fifty years ago, in Wisconsin v. Yoder, a landmark case involving childhood status, the Supreme Court questioned for the first time whether courts should consider a fifteen-year-old child’s opinion on whether he should attend school.88 Yoder’s compulsory religious background dictated that he should not continue school attendance once he turned fifteen, even though he wanted to continue going to school.89 The Court held that in compelling the parents to send the child to school, the State had violated the parents’ religious freedom.90 Justice Douglas dissented, writing that the practice of region is a personal experience and that the Court should have respected a mature child’s interest in overriding his parents’ religious objections.91 This view was not the majority view, but it influenced a new question seven years later: whether a child could bypass her parents’ opinions to get an abortion. In 1979, the Court held in Bellotti v. Baird that a statute requiring parental consent for abortions was unconstitutional.92 The Court held that most pregnant individuals under the age of eighteen were capable of validly consenting to an abortion.93

Both decisions created the foundations of what is known as the Mature Minor Doctrine.94 Yet, both decisions evidenced an apparent confusion about children’s rights. First, the Yoder court established that a fifteen-year-old child had to submit to his parents’ opinions regarding his academic future. In the dissent’s words, this was a case where the Court's decision imperiled the future of the child because it barred Yoder from entering “an amazing world of diversity,” and violated the Bill of Rights that would prevent Yoder from being the “master of [his] own destiny.”95 Second, although the Bellotti court recognized that the Court could not equate children with adults because children are peculiarly vulnerable and unable to make critical decisions in an informed manner when lacking parental consent, a court could balance whether the minor was mature enough to decide to get an abortion.96

However, the maturity of youth and ability to make critical decisions are not as appreciated when children are tried and convicted as adults.97 For example, although the Court recognized that due process applied to children in In Re Gault,98 it also recognized due process came with the ability to punish children similarly to adults. The exceptional practice of trying children as adults became more regular during the “get tough” era in the 1990s.99 When treating children as adults, courts continue to hold children to a high standard of maturity, even when science concludes their character is not yet fully formed, and impulsivity and peer pressure tend to dominate their decisions.

For example, between 2003 and 2008, Florida transferred almost 200 children to adult courts per 100,000 cases, positioning Florida as the “clear outlier” according to the Federal Office of Juvenile Justice and Delinquency Prevention.100 Between 2010 and 2014, Florida alone transferred 11,000 children to adult court due to prosecutorial discretion.101 Most legislatures do not allow children younger than eighteen to enter into a contractual obligation, yet children in this state were expected to negotiate plea agreements, even when harsh penalties were involved.102

On the other hand, Virginia passed a statute known as the Serious Offender Statue in 1996,103 allowing courts to sentence children to blended sentences which involve a juvenile penalty and an adult Department of Corrections sentence.104 The statute allows youth to appear before the judge who sentenced them for a review. The judge can then suspend their sentences if the juvenile has successfully engaged in rehabilitative and educational programs during the juvenile portion of their incarceration.105 This process serves as an incentive for children to work toward rehabilitation in the hope that they will be released early.106

There was little recognition of adolescent brain development science and a relentless push to try more children as adults during the eighties and nineties.107 In 2006, data registered the highest number of delinquency cases waived to adult courts.108 Though these judicially waived cases increased by a mere 9% between 2005 and 2009, the number of cases further increased to 27% by 2019.109 These only confirm that science has evolved, but the culture of treating children as adults remains largely undisturbed. While society seemed to accept as reasonable punishing children by trying them as adults, there has been no successful move to lower the age at which young people could gain the privileges of adulthood, such as voting, legally purchasing alcohol, entering into contracts, or joining the military.110

II. Adolescents Have More in Common with Late Adolescents than Young Adults Vis-a-Vis the Miller Factors

The periods of adolescence and late adolescence have much in common, but society, the legislatures, and the courts are reluctant to accept it. In appreciating the similarities of both groups of individuals, this article advocates a limit on sentences of life without parole for those who were late adolescents when they committed their crimes. 111 This expansion of Miller would allow judges to determine case-by-case whether late adolescents’ mitigating circumstances should allow them to be sentenced similarly to the adolescents under Miller.

A. Similarities According to Miller Factor 1: Immaturity, Impetuosity, Risk-Taking

Laurence Steinberg, one of the leading experts in developmental psychology, defines adolescence as lasting approximately fifteen years, concluding at twenty-five years of age.112 The brain is highly malleable during this period, presenting both a risk and an opportunity for adolescents and late adolescents.113 Malleability explains why adolescents are often extreme risk-takers, conduct that disseminates at the end of late adolescence.114 It also explains why this group of people has great potential for rehabilitation when their incarceration has a rehabilitative goal, unlike imprisonment in an adult prison which is more focused on punishment.115

The Court has been considering the importance of neuroscience in the legal field since Roper. Notably, the Supreme Court's decisions following Roper repeatedly consider the effects of brain development in juveniles’ decision-making.116 As time has passed since Miller, the American Psychology Association has conducted several investigations identifying the similarities between adolescents and late adolescents, supporting a higher age ban on life without parole for late adolescents.

For example, developmental research on psychosocial functioning in adolescence measured adolescents’ attitudes, behaviors, and perceptions, indicating they are different from adults.117 These brain changes also show that several changes in brain regions occur that shape the individual’s impulses, control of their emotions, and self-regulation, suggesting these cognitive capacities do not mature until late adolescence.118 For these reasons, it is appropriate to expand consideration of the Miller factors to those individuals between eighteen and twenty-one at the time of their offense.

B. Similarities According to Miller Factor 2: Family & Home

Similar to chronological age, the Supreme Court recognized that a child’s upbringing could be a mitigating factor.119 The Court recaptured the importance of the family background of the youth in Miller as the second factor, contending life without parole “prevents taking into account the family and home environment that surrounds” the juvenile.120

A body of research shows that many adolescents and late adolescents involved in the criminal justice system experienced traumatic events and adverse childhood experiences121 growing up that may have influenced their involvement in the criminal system.122 These experiences are intrinsically connected to brain plasticity, making the adolescent brain more responsive to arousal, including adverse and stressful events such as abuse or neglect.123 In households where parents are stable, caring, and patient, juveniles tend to develop reasonable grounds for self-control, which keeps them out of trouble.124 Late adolescents who suffered caretaker maltreatment when they were children or who witnessed parental substance abuse, violence, or parental incarceration, are more likely to struggle with social dysregulation.125 Young people who experience poverty and other traumas may have less cortical surface on their brains, diminishing their capacity for language acquisition and the possibility for positive social change during adolescence.126 These neurologic changes in juveniles are perceivable through MRI and electrophysiological methods.127

C. Similarities According to Miller Factor 3: Peer Influence

Adolescents and late adolescents are equally susceptible to peer pressure. The mere presence of peers increases impulsivity during adolescents’ decision-making.128 This pattern changes at the end of late adolescence, decreasing the necessity to satisfy others for rewards.129 For adolescents, peer presence heavily influences their decision-making. Predictors are not better for late adolescents whose immaturity reflects their poor choices.130 This similarity between adolescents and late adolescents marks a fundamental indicator that late adolescents’ brains are more akin to adolescent brains than adult brains. As with adolescents, late adolescents are more susceptible to making reckless decisions when they are with peers than alone, explaining why many crimes by adolescents typically involve groups of peers.131

D. Similarities According to Miller Factor 4: Understanding the Legal Proceedings

The United States criminal system is accusatorial and often relies on interrogations, which can sometimes elicit false confessions, more commonly in adolescents.132 The malleability occurring in their brains renders adolescents more susceptible to interrogation than adults.133 Decades of research suggests adolescents do not fully comprehend their Miranda rights or the implications of waiving Miranda rights.134 The Miller court held that the “inability to deal with police officers or prosecutors” and the “incapacity to assist [juveniles] own attorneys” were limitations natural to juvenile offenders.135

Late adolescents tend to favor immediate reward over long-term consequences, much like younger adolescents, and tend to be quicker to waive their Miranda rights, take plea agreements without consideration, and falsely confess, hoping that those decisions will help hasten the end of encounters with police or prosecutors.136 Data suggest defense attorneys are rarely present during late adolescents’ interviews, a factor shared with adolescents.137 This absence of legal representation explains why adolescents and late adolescents are susceptible to falsely confessing to crimes they did not commit when faced with police techniques designed to deceive defendants.138 Several scholars suggest a congressional mandate to protect adolescents and late adolescents from making unintelligent waivers.139 In a study that measured youth’s perceptions of police and police methods, particularly their manners in treating children, were biased towards youth’s gender, age, and race/ethnicity.140 While interrogations are stressful themselves, youth’s perception of police bias only degrades their decision-making, proving adversarial to juveniles’ self-interest.141

E. Similarities According to Miller Factor 5: Greater Potential for Rehabilitation

The Court in Miller restated prior holdings that juveniles’ character is not as well-formed as that of an adult.142 Children neurologically, like late adolescents, have a character that is not fully matured. Thus, mandatory sentencing schemes “disregard the possibility of [juveniles’] rehabilitation”143 because harsh sentences like life without parole “forswear[] the rehabilitative ideal altogether.”144

As discussed previously, late adolescent brains learn similarly to adolescent brains.145 Moreover, brain research has shown that significant maturity occurs between adolescence to adulthood and into the early twenties.146 This maturation process is evident when looking at late adolescents who have been chronically involved in the criminal system and age out of antisocial behavior as they enter adulthood. This change occurs regardless of punitive intervention.147 Late adolescents can achieve “remorse, renewal, and rehabilitation”148 when sentenced to institutions for people their age focused more on rehabilitative progress. This fact is consistent with brain changes that corroborate a decline in seeking novel experiences from late adolescence to adulthood.149

The five factors summarized in Miller are thus applicable to both adolescents and late adolescents as these two groups are so akin to each other and very distinguishable from adults. Similarly to those under eighteen, late adolescents deserve “some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.”150

III. An Example of a Successful Extension of Miller Factors to a Late Adolescent

A. United States of America v. Jermaine Jarell Sims

On February 17, 1998, the government indicted Jermaine Jarrell Sims on six counts of purchasing firearms later used in the 1997 NationsBank robbery in Richmond, Virginia, when he was twenty-one.151 Although he did not participate in the robbery or directly assist the defendants in robbing the bank, the court convicted Sims on six counts, including conspiracy under 18 U.S.C. § 371, multiple aiding and abetting charges, use of a semiautomatic assault weapon in relation to a crime of violence under 18 U.S.C. §§ 924(c)(1)&(2), causing the death of another through use of a firearm under 18 U.S.C. §§ 924(j)(1)&(2), false statement in connection with the acquisition of a firearm under 18 U.S.C. §§ 922(a)(6) & 924(a)(2), and transfer of the firearm for use in a crime of violence under 18 U.S.C. § 924 (h).152

The presiding judge at the trial and sentencing, the late Richard L. Williams, made a statement on the record that sentencing Sims to a mandatory sentence of life without parole plus 120 months amounted to a cruel and unusual punishment under the Eighth Amendment.153 Sims’ attorney filed an appeal, but the Fourth Circuit did not endorse Judge Williams’ finding that Sims’ sentence violated the Eighth Amendment.154

Judge Williams made findings that Sims’ involvement in providing a firearm to one of the individuals convicted of committing the robbery could not be the compelling fact for such an outrageous mandatory minimum sentence. Judge Williams distinguished Sims’ participation from the defendants who robbed the bank and killed the bank teller, alleging he did not deserve the same punishment when Sims’ involvement was comparatively limited.155 The judge essentially anticipated the Miller156 decision when he stated for the record the reasons why life without parole as a mandatory sentence should not apply to Sims’ case.157 He further stated in a clemency letter in 2009 that Sims should not have had “to receive the same mandatory life sentence to which the actual perpetrators were sentenced.”158

Sims served twenty-three years in prison, where he displayed extraordinary model behavior. Even Judge Williams wrote a letter of support on behalf of Sims’ release, but the Fourth Circuit and other authorities denied Sims’ applications on two occasions in 2011 and 2017.159 Sims filed a resentencing proceeding with the passage of the First Step Act,160 which Congress stressed was essential to reduce unnecessary incarceration that did not serve the ends of justice.161

During his incarceration, Sims availed himself of numerous vocational and educational opportunities.162 The Court found that Sims’ record during incarceration reflected that he would not put public safety in danger if he were to be released.163 The Court noted Sims had not committed any infractions since 1999,164 consistent with the brain development findings science had confirmed. The Court found that Sims was not technically a juvenile at his arrest.165 Nonetheless, it incorporated the Miller factors in determining the existence of extraordinary and compelling reasons under 18 U.S.C. § 3582 (c).166 The Court further reasoned that precedent supported the district court’s focus on “the defendants' relative youth,” meeting the scientific findings that youth included those whose ages fluctuated between nineteen and twenty-four at the time of their offense.167 The Court found the United States v. McCoy case compelling to Sims’ case because the defendant in McCoy was nineteen-years-old, and neurological development impacted his positive and prosocial behavior.168 As outlined below, the Court applied some of the Miller factors to Sims’ case.

i. Miller Factor 1: Immaturity, Impetuosity, Risk-taking.

The Court found Sims was twenty-one years old at his arrest. Based on well-regarded scientific research, the Court further found that Sims had acted with impulsivity, risking a three-year plea deal in exchange for proving his innocence, even when he had sold the guns used in the crime.169

ii. Miller Factor 4: Understanding the Legal Proceedings

At his arrest, Sims was just twenty-one years old and had not previously been involved in the federal justice system. Sims had no experience in understanding his legal proceedings. Although the government offered Sims a plea of three years, he thought his right to a trial would represent a better opportunity to be released; thus, he rejected the plea agreement and was sentenced to life in prison.170

iii. Miller Factor 5: Greater Potential for Rehabilitation

The Court found Sims had spent his years of incarceration “pursuing every opportunity to improve his mind and character.”171 During his imprisonment, Sims worked as a supervisor, and his performance demonstrated he was “self-driven, dependable, and a vital team member, who constantly [sought] self-improvement.”172 At the time of his release, Sims was a forty-two-year-old man who had passed the years of reckless impulsivity, susceptibility to peer pressure, and had a fully developed brain. Sims took numerous academic courses, including earning a paralegal certificate from the Blackstone Career Institute.173

The Court granted Sims’s motion to reduce his sentence and released him.

CONCLUSION

In the United States, there is no consensus on the definition of childhood or who belongs to that category. Courts arbitrarily define a party as a child depending on the particular case or reason they appear before the court. Such assignment feels haphazard, since children have varying levels of autonomy. At fifteen, they can decide on their medical treatment, including whether an abortion is appropriate. Thirteen states have no minimum age for trying children as adults: Alaska, Delaware, Florida, Hawaii, Idaho, Maine, Maryland, Michigan, Pennsylvania, Rhode Island, South Carolina, Tennessee, and West Virginia.174 Some states allow children to be prosecuted as adults at ten, twelve, or thirteen years old.175 However, these same children cannot vote until eighteen or consume alcohol or tobacco until twenty-one (in most states). Although extensive scientific research on brain maturation has shown that children are reckless because recklessness is an intrinsic characteristic of adolescence—which is deeply intertwined with brain development—children are expected to behave, think, and make decisions like adults would for sentencing purposes.

The Supreme Court has stated that children are persons of age seventeen and younger. The Court also held that children are significantly different from adults, which serves as mitigation for sentencing purposes. In Miller, the Court held that children’s qualities and circumstances, including immaturity, impulsivity, family circumstances, peer pressure, lack of understanding of the legal system, and capacity for rehabilitation, are factors to consider as mitigators when sanctioning children.

Scientific research on brain growth has shown that adolescence is a period that starts at age ten and ends at age twenty-five, and that children between eighteen to twenty-five years old are in a similar state known as late adolescence. Brain studies evidence that late adolescents share many of the same characteristics as children seventeen years old and younger because their brains are also not fully developed. This research on brain development explains adolescents’ and late adolescents’ reckless behavior, which typically concludes at age twenty-five. Courts should consider holding late adolescents to the same standard as seventeen-year-old children and younger by applying cases such as Miller v. Alabama, at a minimum, to individuals between the ages of eighteen and twenty-one.

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Abstract

In 2012, in Miller v. Alabama, the United States Supreme Court held it unconstitutional to impose a mandatory sentence of life without parole on children because such a sentence fails to adequately account for a child’s developmental stage or ability to weigh long-term consequences. Children are fundamentally different from adults, making them more susceptible to lack of self-regulation, poor decision making, and peer pressure. In Miller, the Court found that these aspects of children’s behavior made children less culpable than adults. Psychological studies have demonstrated that adolescence is more protracted than previously recognized. Profound malleability of the brain characterizes the period between ages ten and twenty-five. This malleability often results in changes in behavior, unanticipated reactions, and poor decision- making in these individuals. However, scientific findings support the contention that this same malleability allows adolescents to rehabilitate, making a case for rapid positive change. Individuals between eighteen and twenty-one years old can be considered to have entered a period known as “late adolescence,” a time more akin to adolescence than adulthood. Late adolescence may help explain why criminality in young adults dramatically decreases around the time they reach age twenty-two and continues to decline until their mid-twenties. This article argues that courts should apply Miller when sentencing late adolescents. Therefore, courts should extend the ban on mandatory life without parole to youth who committed a crime before turning twenty-one."

Extending Miller v. Alabama: Recognizing Late Adolescents' Capacity for Change in Sentencing

Introduction

In the landmark case of Miller v. Alabama, the Supreme Court delivered a pivotal decision regarding youth sentencing, significantly impacting individuals sentenced to life imprisonment for crimes committed as minors.1 The Court emphasized that these individuals deserve a "meaningful opportunity to obtain release" due to their potential for rehabilitation, recognizing that their crimes often stem from "transient immaturity."2 The Court deemed mandatory life sentences for juveniles unconstitutional under the Eighth Amendment and established a five-factor test for consideration in such cases.

Numerous amicus briefs supporting the defendants in Miller highlighted the impact of adolescent brain development on criminal behavior.3 These briefs argued that juveniles' underdeveloped brains contribute to impulsivity and risk-taking.4 They emphasized the influence of social and familial environments on decision-making, asserting that immature brain development limits a juvenile's capacity to grasp the consequences of their actions.5 Furthermore, amici emphasized the significance of considering children's underdeveloped foresight and significant rehabilitation potential.6

This article proposes extending the Miller factors, currently applicable to individuals seventeen years old and younger, to encompass late adolescents—those between eighteen and twenty-one. This argument rests on the premise that late adolescents' brain maturation, personal characteristics, susceptibility to external influences, legal comprehension, and rehabilitative potential more closely resemble those of younger adolescents than young adults. Given these shared attributes, this article argues that life sentences without parole for late adolescents potentially violate the Eighth Amendment's prohibition against cruel and unusual punishment under the Miller precedent.

I. Life with the Possibility of Parole As the Default for Late Adolescents

"Life without parole" is a euphemism masking the reality of a sentence that equates to the second-harshest punishment imposed on individuals in the United States: "death by incarceration."7 Condemning individuals to die in prison is a stark reality.8 The abolition of parole in many states during the mid-1990s, fueled by a societal shift towards harsher sentencing practices, resulted in its widespread application, even for crimes lacking egregiousness.9 By 2000, numerous states had abolished discretionary parole, leading to its indiscriminate use.10 This approach, predicated on the flawed notion that life without parole serves as an effective deterrent, fails to reserve this sentence for only the most severe offenses.11 Consequently, despite a growing rejection of the death penalty, society has embraced life without parole as a justifiable sentence.12

The introduction of parole in the nineteenth century stemmed from the belief that the prospect of release would incentivize rehabilitation.13 A genuine effort existed to transition from purely punitive, lengthy sentences towards facilitating the reintegration of rehabilitated offenders into society.14 While parole was intended to motivate positive transformation, its abolition in certain states and subjective denial in others have diminished opportunities for rehabilitation.15 The emphasis on punishment over rehabilitation, a trend exacerbated by the decline of capital punishment at the turn of the century, unfortunately persists in several states.16

Between 2008 and 2012, the number of individuals sentenced to life without parole surged by 22.2% compared to those sentenced with parole eligibility.17 By 2012, a staggering 159,520 individuals in the United States faced a future of "death in prison."18 Today, life without parole constitutes one in nine incarceration sentences.19 Disturbingly, approximately 10,000 individuals serve these sentences for non-violent offenses, with a further 10,000 incarcerated for crimes committed as juveniles.20, 21

A. Historical Progression of the Eighth Amendment Interpretation

As the United States grappled with increasingly severe sentencing practices, the Supreme Court began examining the constitutionality of both the death penalty and life without parole under the Eighth Amendment’s prohibition against cruel and unusual punishment. In a series of rulings spanning the early 2000s to late 2021, the Court determined that sentencing individuals deemed incompetent to these punishments constituted an Eighth Amendment violation.22

The interpretation of the Eighth Amendment has evolved alongside "evolving standards of decency" within a civilized society.23 Courts have determined that a sentence violates the Eighth Amendment if it meets certain criteria, primarily focusing on its excessiveness. Firstly, the sentence must constitute a purposeless and gratuitous infliction of pain and suffering.24 Secondly, the sentence must be grossly disproportionate to the gravity of the crime committed.25 From a retributive standpoint, excessiveness arises when the punishment surpasses what the defendant deserves.26 For instance, sentencing all murderers to death would be deemed cruel and unusual, as capital punishment should be reserved for only the most heinous crimes.27

In 2002, the Court reached a significant milestone by concluding that executing intellectually disabled individuals constituted excessive punishment and, therefore, a violation of the Eighth Amendment.28 This decision underscored the necessity of interpreting the Eighth Amendment in a manner consistent with "the progress of a maturing society."29 However, the pace of legal evolution did not always mirror societal shifts. It was not until 2005, in Roper v. Simmons, that the Supreme Court deemed capital punishment for individuals under eighteen unconstitutional.30 This landmark ruling recognized for the first time that juveniles are inherently less culpable and deserving of less severe punishments than adults.31

The Court acknowledged that standards of decency extended beyond moral imperatives, drawing upon scientific advancements in psychology and adolescent brain development. Compared to adults, the Court noted that juveniles "lack maturity and an underdeveloped sense of responsibility," are more vulnerable to peer pressure and negative influences, and possess less "well-formed" character traits.32 While not absolving juveniles of responsibility, the Court emphasized the need to consider their actions within the context of their youth and developmental stage.33 Essentially, children should be deemed less culpable than adults for comparable offenses.34 The Court's recognition of advancements in psychology and brain science highlighted the fundamental differences between juveniles and adults, emphasizing the inherent capacity for change in young people.34

Justice Scalia's dissent in Roper, echoing his earlier stance, maintained that capital punishment for juveniles under eighteen did not constitute cruel and unusual punishment.35 As a textualist, Justice Scalia's view seemingly contradicted the evolving standards of decency approach applied to the Eighth Amendment. While acknowledging that several courts had considered the notion of excessive punishment within the historical context of 1685, Justice Scalia advocated for adhering to the Amendment's original intent.36, 37 He firmly believed in judicial restraint, arguing that national consensus, as envisioned by the Founding Fathers, should guide the Court's decisions and prevent the overturning of legislative acts.38 Justice Scalia's dissent criticized the majority opinion for its leniency towards guilty minors, attributing the decision to misplaced compassion rather than adherence to the decency standard.39, 40

Three years later, in Kennedy v. Louisiana, the Court faced a case involving a defendant sentenced to death for the non-homicidal offense of child rape.41 The Court determined that capital punishment in this context violated the Eighth Amendment, citing national consensus and evolving standards of decency as evidence of societal progress.42

Continuing this trajectory, the Supreme Court ruled in 2010 that life without parole for a juvenile convicted of a non-homicide offense was unconstitutional. Graham v. Florida, the first Eighth Amendment case to comprehensively consider a term-of-years sentence, involved a sixteen-year-old deemed incorrigible by the trial court.43 However, on appeal, the Supreme Court held that a categorical rule against life sentences for all non-homicide juvenile cases was necessary to provide these individuals with meaningful opportunities for rehabilitation and potential release.44

Following Graham v. Florida, a series of cases further solidified the distinction between children and adults for sentencing purposes.45 The Supreme Court heard consolidated arguments in two cases, Jackson v. Hobbs and Miller v. Alabama, involving fourteen-year-olds charged with murder, both facing mandatory life sentences.46, 47 These cases challenged sentencing schemes that prevented judges from considering the full context of juvenile defendants' actions.48

In its landmark decision, the Court determined that such schemes precluded judges from considering the "lessened culpability" of juveniles, weighing mitigating factors, and acknowledging their "capacity for change" and rehabilitation.49, 50, 51 Writing for the majority, Justice Kagan established the Miller factors: immaturity, impetuosity, risk-taking, family and home environment, peer influence, understanding of legal proceedings, and greater potential for rehabilitation.52 The Court emphasized that life sentences for juveniles should be exceedingly rare, reserved solely for those deemed permanently incorrigible.

The dissenting conservative justices in Miller grounded their argument in their interpretation of national consensus.53 They argued that state legislatures, representing the will of the people, had endorsed mandatory sentences for minors, providing "objective indicia" of societal standards.54, 55 However, this dissent neglected the potential for judicial review and the possibility of parole boards or courts revisiting sentences. The majority opinion did not mandate immediate release for those serving life sentences for crimes committed as juveniles; rather, it provided an avenue for review based on demonstrated rehabilitation and potential for parole or sentence reduction.

In response to Miller and the subsequent ruling in Montgomery v. Louisiana, which clarified Miller's retroactive application, states adopted various approaches. Some permitted resentencing hearings for individuals sentenced to life without parole as minors, while others granted parole board reviews. These opportunities have led to the release of numerous individuals. However, a significant number, 1,716 individuals originally sentenced as children, remain subject to these lengthy sentences.56 Despite the progress made, with twenty-five states and Washington, D.C. banning life without parole for juveniles, and seven states having no juveniles serving such sentences, substantial work remains.57

Montgomery v. Louisiana, decided four years after Miller, involved Henry Montgomery, sentenced to death in 1963 for killing a man at the age of seventeen.58 After an appellate court overturned his conviction, a new jury found him guilty in 1970 but did not impose the death penalty.59 However, Louisiana's sentencing scheme automatically imposed a life sentence without parole.60 By 2012, Montgomery, at sixty-three, had endured forty-nine years of imprisonment.61 His legal team sought to apply Miller retroactively in Louisiana.

While not an immediate solution, Miller provided a stepping stone towards Montgomery's eventual release. Despite denials from both the trial court and the Louisiana Supreme Court, the United States Supreme Court granted certiorari.62, 63 In a pivotal decision, the Court ruled that Montgomery, and others similarly situated, had received unconstitutional sentences.64 This decision offered hope for Montgomery and countless others sentenced to life without parole as juveniles prior to Miller. Indeed, Montgomery was released in 2021, at the age of seventy-five, after spending nearly six decades incarcerated and enduring two parole denials in 2018 and 2019.65

The progressive evolution of the decency standard experienced a setback with the Supreme Court's decision in Jones v. Mississippi.66 The case involved fifteen-year-old Brett Jones, convicted of murdering his grandfather.67 Despite the trial judge's failure to make a separate finding of permanent incorrigibility as required by Miller, the Supreme Court ruled that the Constitution did not necessitate an explicit, on-the-record explanation of mitigating factors in such cases.68

While Jones did not overturn the core holdings of Miller and Montgomery, which established the unconstitutionality of mandatory life sentences for juveniles, it did weaken the protections afforded by these precedents. The Jones Court rejected the requirement for a sentencing court to make a specific finding of permanent incorrigibility before imposing a life sentence.69

B. Applying Miller to Late Adolescence in Eighth Amendment Analysis

The Supreme Court's recognition of the need to protect individuals under eighteen from cruel and unusual punishment aligns with a long line of cases recognizing the developmental differences between children of different ages.70 The five Miller factors, rooted in the understanding that children are less culpable and possess greater rehabilitative potential than adults, hold significant relevance for late adolescents as well.71 Therefore, extending the same protections afforded to younger adolescents under Miller to those between eighteen and twenty-one is a logical and just application of the law.

This proposed extension finds support in both scientific evidence and existing legal precedent. The Supreme Court heavily relied upon adolescent brain science in reaching its decision in Miller.72 This field has elucidated why some individuals, even those raised in stable, loving homes, may engage in irrational and criminal behavior.73 Acknowledging these findings, the Supreme Court has recognized that children are inherently "less culpable" than adults.74 Moreover, the Court has acknowledged that life without parole sentences imposed on children carry a heightened severity due to their longer remaining lifespans.75, 76 The Supreme Court's recognition in Roper v. Simmons that children are more prone to recklessness, impulsivity, and susceptibility to peer pressure, underscores the neurobiological underpinnings differentiating juveniles from adults.77, 78

i. Defining Characteristics of Adolescence

Neuroscience unequivocally demonstrates that the most crucial brain development occurs between puberty and the early twenties.79 This period, characterized by heightened brain plasticity, presents both challenges and opportunities for adolescents and late adolescents.80, 81, 82, 83 Malleability, while explaining adolescents' proclivity for risk-taking—a tendency that diminishes towards the end of late adolescence—also highlights their significant potential for rehabilitation when provided with appropriate support and opportunities.84, 85 Unfortunately, the current criminal justice system often fails to recognize this potential, instead subjecting adolescents to the punitive environments of adult prisons, which can exacerbate antisocial behavior rather than foster rehabilitation.81, 82 Psychologists advocate for rehabilitative approaches emphasizing education and positive social development to effectively reduce recidivism among young offenders.82

Experts concur that brain development continues until approximately twenty-four years of age.83 This finding aligns with longstanding data indicating that radical and disruptive behaviors decline during the early twenties, leading to a decrease in criminal activity among adults.84 This shift is attributed to a reduction in the reward-and-sensation-seeking behaviors that heavily influence adolescent actions during puberty.85

ii. Late Adolescents are Children, too, in the United States

The United States lacks a clear and consistent definition of childhood. While eighteen serves as the general age of majority, historically, twenty-one marked the end of childhood.86 States have adopted a bright-line approach to determining legal adulthood, which, while providing clarity, fails to account for individual maturity, background, and upbringing.87

Fifty years ago, in Wisconsin v. Yoder, the Supreme Court grappled with the issue of childhood status, questioning whether a fifteen-year-old's wishes regarding school attendance should be considered.88 Yoder's religious beliefs dictated that he discontinue formal education at fifteen, despite his desire to continue.89 The Court ruled that compelling his parents to send him to school violated their religious freedom.90 In a dissenting opinion, Justice Douglas argued that religious practice is a personal experience and that the Court should have respected a mature child's right to override his parents' religious objections.91 While not the majority view, this dissent influenced future discussions about children's rights.

Seven years later, in Bellotti v. Baird, the Court addressed whether a minor could obtain an abortion without parental consent.92 The Court deemed a statute requiring parental consent for abortions unconstitutional, holding that most pregnant individuals under eighteen possessed the capacity to consent.93

Both Yoder and Bellotti contributed to the development of the Mature Minor Doctrine.94 However, both cases also highlighted the complexities and inconsistencies surrounding children's rights. In Yoder, the Court prioritized parental authority over a fifteen-year-old's educational aspirations, a decision Justice Douglas criticized for potentially hindering the child's future and violating his right to self-determination.95 Conversely, in Bellotti, the Court acknowledged children's inherent vulnerability and potential inability to make informed decisions without parental guidance, yet recognized a minor's capacity for mature decision-making in the context of abortion.96

This nuanced understanding of adolescent maturity often disappears when children are tried and sentenced as adults.97 Despite recognizing the applicability of due process to children in In Re Gault, the Supreme Court also acknowledged the potential for imposing adult-like punishments.98 The practice of trying children as adults, once exceptional, became increasingly common during the "get tough on crime" era of the 1990s.99 This approach fails to consider scientific evidence demonstrating that adolescent character is not fully formed and that impulsivity and peer pressure significantly influence their decision-making.

For instance, between 2003 and 2008, Florida transferred nearly 200 children per 100,000 cases to adult courts, becoming an outlier according to the Federal Office of Juvenile Justice and Delinquency Prevention.100 Between 2010 and 2014, Florida alone transferred 11,000 children to adult court at prosecutors' discretion.101 This practice is particularly concerning considering that most legislatures prohibit individuals under eighteen from entering into contracts, yet expect children to navigate plea agreements and comprehend the potential for severe penalties.102

In contrast, Virginia's 1996 Serious Offender Statute allows for blended sentences encompassing both juvenile and adult Department of Corrections components.103, 104 This statute provides youth with an opportunity for judicial review and potential sentence suspension based on demonstrated engagement in rehabilitative and educational programs.105 This approach incentivizes rehabilitation and offers hope for earlier release.106

The 1980s and 1990s witnessed a surge in trying children as adults, often without adequate consideration of adolescent brain development research.107 Delinquency cases waived to adult courts peaked in 2006.108 While judicially-waived cases increased by only 9% between 2005 and 2009, this number surged to 27% by 2019.109 This trend highlights the slow pace of legal and societal change in response to evolving scientific understanding. Despite a willingness to punish children as adults, there has been no corresponding movement to lower the age of adulthood for privileges such as voting, alcohol consumption, contract formation, or military enlistment.110

II. Adolescents Have More in Common with Late Adolescents than Young Adults Vis-a-Vis The Miller Factors

While significant commonalities exist between adolescence and late adolescence, society, legislatures, and courts remain resistant to acknowledging these similarities. Recognizing these shared characteristics, this article advocates for limiting life without parole sentences for individuals who committed crimes as late adolescents.111 Extending the Miller framework would allow for individualized assessments, enabling judges to consider mitigating circumstances when sentencing late adolescents.

A. Similarities According to Miller Factor 1: Immaturity, Impetuosity, Risk-taking

Developmental psychologist Laurence Steinberg defines adolescence as a period lasting approximately fifteen years, concluding around age twenty-five.112 During this period, the brain's high malleability presents both risks and opportunities for adolescents and late adolescents alike.113 This malleability explains the proclivity for risk-taking often observed in this age group, a tendency that declines towards the end of late adolescence.114 Importantly, it also highlights their substantial capacity for rehabilitation when provided with age-appropriate, rehabilitative interventions as opposed to the punitive nature of adult prisons.115

Since Roper, the Supreme Court has increasingly incorporated neuroscience into its legal analysis. Post-Roper decisions consistently reflect the Court's consideration of brain development's impact on juvenile decision-making.116 In the years since Miller, the American Psychological Association has conducted extensive research highlighting the similarities between adolescents and late adolescents, lending further support for extending the ban on life without parole to this older age group.

For example, developmental research on psychosocial functioning in adolescence, which examines attitudes, behaviors, and perceptions, has consistently demonstrated differences between adolescents and adults.117 These studies indicate that significant changes in brain regions responsible for impulse control, emotional regulation, and self-regulation continue into late adolescence, suggesting that these cognitive capacities do not fully mature until this later stage.118 Therefore, applying the Miller factors to individuals between eighteen and twenty-one at the time of their offenses is both scientifically sound and legally justified.

B. Similarities According to Miller Factor 2: Family & Home

The Supreme Court has recognized that a child's upbringing can serve as a mitigating factor in sentencing.119 This principle is reflected in the second Miller factor, which emphasizes the need to consider the "family and home environment."120

Extensive research demonstrates a strong correlation between involvement in the criminal justice system and exposure to traumatic events and adverse childhood experiences (ACEs).121, 122 ACEs, including abuse, neglect, parental substance abuse, violence, and incarceration, can significantly impact brain development, particularly during adolescence when plasticity is heightened.123 Children raised in stable, nurturing environments with consistent, caring adults tend to develop greater self-control and are less likely to engage in risky behaviors.124 Conversely, late adolescents who have experienced maltreatment, witnessed parental substance abuse, or endured other forms of trauma are more likely to struggle with social and emotional regulation.125 Studies have even revealed structural brain differences, such as reduced cortical surface area, in individuals exposed to poverty and trauma, potentially impacting language development and social functioning.126, 127

C. Similarities According to Miller Factor 3: Peer Influence

Susceptibility to peer pressure is a hallmark of both adolescence and late adolescence. The mere presence of peers has been shown to increase impulsivity in adolescent decision-making.128 While this pattern diminishes towards the end of late adolescence, with individuals becoming less reliant on external validation and rewards, it remains a significant factor during this developmental period.129, 130 This shared characteristic underscores the similarities between adolescent and late adolescent brains, distinguishing them from fully developed adult brains. Similar to younger adolescents, late adolescents are more likely to engage in reckless behavior when in groups, explaining why many adolescent crimes involve multiple individuals.131

D. Similarities According to Miller Factor 4: Understanding the Legal Proceedings

The adversarial nature of the United States criminal justice system, with its reliance on interrogations, poses particular challenges for adolescents, who are more susceptible to making false confessions.132 Ongoing brain development renders adolescents more vulnerable during interrogations compared to adults.133 Decades of research indicate that adolescents often struggle to comprehend their Miranda rights and the implications of waiving them.134 The Miller Court explicitly acknowledged juveniles' "inability to deal with police officers or prosecutors" and their "incapacity to assist their own attorneys."135

Like younger adolescents, late adolescents tend to prioritize immediate gratification over long-term consequences, leading them to make hasty decisions, such as waiving Miranda rights, accepting plea agreements without fully understanding the implications, or even falsely confessing in hopes of ending encounters with law enforcement.136 Studies reveal that defense attorneys are often absent during late adolescent interrogations, mirroring the experiences of younger adolescents.137 This lack of legal representation further increases the risk of false confessions, particularly when subjected to manipulative interrogation techniques.138 Scholars have proposed congressional action to safeguard both adolescents and late adolescents from making uninformed legal decisions.139 Research also suggests that perceptions of police bias, often influenced by factors such as age, gender, and race/ethnicity, can negatively impact youth interactions with law enforcement, further compromising their decision-making abilities.140, 141

E. Similarities According to Miller Factor 5: Greater Potential for Rehabilitation

The Miller Court reiterated previous rulings recognizing that juvenile character is inherently less developed than adult character.142 This understanding, rooted in neurological evidence, applies equally to late adolescents. Mandatory sentencing schemes, by failing to consider this developmental reality, inherently "disregard the possibility of [juveniles'] rehabilitation" and contradict the fundamental goals of a just and humane justice system.143, 144

As previously discussed, late adolescent brains share significant similarities with adolescent brains in terms of learning and development.145 Brain research confirms that significant maturation continues from adolescence into adulthood, extending through the early twenties.146 This ongoing development is evident in the tendency for even chronically involved late adolescents to age out of antisocial behavior as they mature.147 When provided with age-appropriate, rehabilitative interventions that prioritize education, positive social development, and opportunities for personal growth, late adolescents can achieve "remorse, renewal, and rehabilitation."148 This capacity for transformation aligns with brain development patterns, as the drive for novel experiences diminishes with age.149

The five Miller factors, therefore, hold significant relevance for both adolescents and late adolescents, as these groups share crucial developmental similarities that distinguish them from adults. Like their younger counterparts, late adolescents deserve a "meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation."150

III. An Example of a Successful Extension of Miller Factors to a Late Adolescent

A. United States of America v. Jermaine Jarell Sims

In 1998, twenty-one-year-old Jermaine Jarrell Sims was indicted on six counts related to purchasing firearms later used in the 1997 NationsBank robbery in Richmond, Virginia.151 Despite not participating in the robbery or directly assisting the perpetrators, Sims was convicted on all counts, including conspiracy, aiding and abetting, firearms offenses, and making false statements.152

Presiding Judge Richard L. Williams, expressing concern that the mandatory life sentence without parole plus 120 months constituted cruel and unusual punishment under the Eighth Amendment, stated his reservations for the record.153 Sims' attorney appealed, but the Fourth Circuit did not uphold Judge Williams' finding.154

Judge Williams argued that Sims' limited involvement—providing a firearm to one of the robbers—did not warrant such a harsh sentence. He distinguished Sims' actions from those of the individuals who committed the robbery and murder, asserting that Sims did not deserve an equivalent punishment.155 Judge Williams' stance foreshadowed the Miller decision by recognizing the need for individualized sentencing considerations, particularly for young offenders.156, 157 In a 2009 clemency letter, Judge Williams reiterated his belief that Sims should not have received the same mandatory life sentence as the actual perpetrators.158

During his twenty-three years of imprisonment, Sims exhibited exemplary behavior, taking advantage of educational and vocational opportunities.162 Even Judge Williams wrote in support of Sims' release, but these efforts were unsuccessful.159 However, with the passage of the First Step Act, aimed at reducing excessive incarceration, Sims filed a resentencing motion.160, 161 The Court acknowledged Sims' impeccable prison record, noting his lack of infractions since 1999, a testament to his rehabilitation and the transformative power of brain maturation.163, 164

While acknowledging that Sims was not technically a juvenile at the time of his offense, the Court applied the Miller factors when considering whether "extraordinary and compelling reasons" existed for compassionate release under 18 U.S.C. § 3582(c).165, 166 Citing precedent, the Court emphasized the relevance of "relative youth" in sentencing, recognizing that neurological development continues into the early twenties.167 The Court found the United States v. McCoy case, involving a nineteen-year-old whose positive behavior was attributed to brain development, particularly compelling in relation to Sims' case.168

i. Miller Factor 1: Immaturity, Impetuosity, Risk-taking.

The Court recognized that Sims' decision to reject a three-year plea deal and risk a trial, despite having sold the firearms, demonstrated youthful impulsivity.169

ii. Miller Factor 4: Understanding the Legal Proceedings

At twenty-one, with no prior experience in the federal justice system, Sims lacked the experience and understanding to fully comprehend the complexities of his legal proceedings.170

iii. Miller Factor 5: Greater Potential for Rehabilitation

The Court acknowledged Sims' commitment to self-improvement during his incarceration, noting his participation in academic and vocational programs, including earning a paralegal certificate.171, 172, 173

Based on these findings, the Court granted Sims' motion, reducing his sentence and ultimately releasing him.

Conclusion

The United States lacks a cohesive and consistent definition of childhood. The legal system arbitrarily categorizes individuals as children depending on the context, leading to inconsistent and often unjust outcomes. While some states allow children as young as ten to be tried as adults, the same children cannot vote, consume alcohol, or engage in other adult activities until a later age.174, 175 Despite overwhelming scientific evidence demonstrating the immaturity and malleability of adolescent brains, the justice system often holds children to adult standards, failing to recognize their diminished culpability and significant potential for rehabilitation.

The Supreme Court has drawn a line at age seventeen, deeming individuals under this age inherently different from adults for sentencing purposes. In Miller v. Alabama, the Court established a five-factor test—considering immaturity, impulsivity, family circumstances, peer influence, legal comprehension, and rehabilitation potential—to guide sentencing decisions for juveniles.

However, neuroscience research overwhelmingly demonstrates that adolescence extends beyond eighteen, encompassing a period known as late adolescence, which typically lasts until the mid-twenties. During this period, late adolescents share many developmental similarities with younger adolescents, including ongoing brain development, susceptibility to peer pressure, and a significant capacity for change.

Given these scientific realities, it is imperative that the legal system adapt to reflect a more nuanced understanding of adolescence. Applying the Miller factors to individuals between eighteen and twenty-one, recognizing their diminished culpability and substantial potential for rehabilitation, would align the law with both scientific evidence and principles of justice. Extending these protections to late adolescents is not about excusing criminal behavior, but rather about ensuring that punishments are proportionate, individualized, and offer genuine opportunities for redemption and reintegration into society.

Link to Article

Abstract

In 2012, in Miller v. Alabama, the United States Supreme Court held it unconstitutional to impose a mandatory sentence of life without parole on children because such a sentence fails to adequately account for a child’s developmental stage or ability to weigh long-term consequences. Children are fundamentally different from adults, making them more susceptible to lack of self-regulation, poor decision making, and peer pressure. In Miller, the Court found that these aspects of children’s behavior made children less culpable than adults. Psychological studies have demonstrated that adolescence is more protracted than previously recognized. Profound malleability of the brain characterizes the period between ages ten and twenty-five. This malleability often results in changes in behavior, unanticipated reactions, and poor decision- making in these individuals. However, scientific findings support the contention that this same malleability allows adolescents to rehabilitate, making a case for rapid positive change. Individuals between eighteen and twenty-one years old can be considered to have entered a period known as “late adolescence,” a time more akin to adolescence than adulthood. Late adolescence may help explain why criminality in young adults dramatically decreases around the time they reach age twenty-two and continues to decline until their mid-twenties. This article argues that courts should apply Miller when sentencing late adolescents. Therefore, courts should extend the ban on mandatory life without parole to youth who committed a crime before turning twenty-one."

Should "Late Adolescents" Be Treated More Like Juveniles Than Adults in Court?

Introduction

In the landmark case Miller v. Alabama, the Supreme Court made a groundbreaking decision regarding how young people are sentenced. The Court ruled that automatically sentencing minors to life in prison without parole is unconstitutional. They emphasized that young people deserve a chance at release based on their potential for rehabilitation, recognizing that their crimes often stem from immaturity rather than inherent bad character. This decision established a five-factor test, now known as the Miller factors, to be considered in each case involving a minor facing a life sentence.

Many experts supported this decision, arguing that juveniles' brains are not fully developed, making them prone to impulsive and reckless behavior. They pointed out that children are easily influenced by their environment and struggle to grasp the long-term consequences of their actions. Additionally, they highlighted the significant potential for rehabilitation in young people.

This article proposes extending the protections of Miller to "late adolescents," those aged eighteen to twenty-one. It argues that late adolescents share more similarities with teenagers than adults regarding brain development, susceptibility to external influences, and capacity for rehabilitation. Therefore, sentencing them to life without parole raises serious concerns under the Eighth Amendment's ban on cruel and unusual punishment.

I. Life with the Possibility of Parole as the Default for Late Adolescents

"Life without parole" is a misleading term. It masks the harsh reality of "death by incarceration," a sentence frequently imposed on individuals, even those who committed crimes as minors. The increase in such sentences during the late 20th and early 21st century reflects a shift towards punishment rather than rehabilitation as the primary goal of the justice system. This approach disregards the initial purpose of parole: to incentivize rehabilitation by offering the possibility of release.

A. Historical Progression of the Eighth Amendment Interpretation

The Eighth Amendment prohibits cruel and unusual punishment, a concept that has evolved alongside societal values. The Supreme Court has established that a sentence can be deemed cruel and unusual if it is excessively harsh and disproportionate to the crime committed.

Over the years, the Court has applied this evolving standard to protect vulnerable groups from extreme punishments. In Atkins v. Virginia (2002), the Court ruled that executing intellectually disabled individuals violated the Eighth Amendment. Similarly, in Roper v. Simmons (2005), the Court abolished the death penalty for juveniles, recognizing their diminished culpability due to their developing brains and susceptibility to external influences.

Further solidifying this principle, Graham v. Florida (2010) prohibited life without parole for juveniles convicted of non-homicide offenses, emphasizing their potential for rehabilitation. The landmark case Miller v. Alabama (2012) extended this protection to all juvenile offenders facing life sentences, establishing the five-factor test to assess their individual circumstances.

Though the Court affirmed Miller's core principles in Montgomery v. Louisiana (2016) by making it retroactive, the decision in Jones v. Mississippi (2021) weakened these protections by removing the requirement for judges to explicitly justify life sentences for juveniles.

B. Applying Miller to Late Adolescence in Eighth Amendment Analysis

The reasoning behind extending Eighth Amendment protections to juveniles also applies to late adolescents. The Miller factors, rooted in the science of adolescent brain development, highlight the diminished culpability and significant potential for rehabilitation in this age group.

i. Defining Characteristics of Adolescence

Neuroscience shows that significant brain development continues well into the early twenties. This period, encompassing both adolescence and late adolescence, is marked by heightened impulsivity, risk-taking, and susceptibility to peer pressure. However, it is also a time of immense potential for growth and change.

Placing late adolescents in adult prisons can be counterproductive, as the punitive environment may hinder their rehabilitation. Instead, focusing on education and positive intervention aligns with the understanding of their developing brains.

ii. Late Adolescents are Children, too, in the United States

While the legal age of adulthood is typically eighteen, American society recognizes the unique vulnerabilities of young people in various contexts. For instance, the Mature Minor Doctrine allows certain adolescents to make autonomous medical decisions. However, this understanding of maturity is often absent when young people face criminal charges.

Historically, the "tough on crime" era led to an increase in trying and sentencing children as adults, disregarding the science of adolescent development. This practice ignores the inconsistencies in how society defines childhood, granting young people adult responsibilities in the criminal justice system while withholding privileges associated with adulthood in other areas.

II. Adolescents Have More in Common with Late Adolescents than Young Adults Vis-A-Vis The Miller Factors

The Miller factors offer a framework for understanding why life without parole is inappropriate for both adolescents and late adolescents.

A. Similarities According to Miller Factor 1: Immaturity, Impetuosity, Risk-taking

Developmental psychology research shows that the characteristics of immaturity, impulsivity, and risk-taking are prevalent in both adolescence and late adolescence. The brain's continued development during this period explains why late adolescents, like younger teens, struggle with self-control and long-term decision making.

B. Similarities According to Miller Factor 2: Family & Home

Adverse childhood experiences, such as abuse, neglect, and exposure to violence, can significantly impact brain development and contribute to involvement in the criminal justice system. This is true for both adolescents and late adolescents. The Miller factors recognize the critical role a stable and supportive home environment plays in a young person's development and the need to consider these factors in sentencing.

C. Similarities According to Miller Factor 3: Peer Influence

Both adolescents and late adolescents are highly susceptible to peer influence. Studies show that the presence of peers can increase impulsive behavior in this age group. This vulnerability highlights the importance of considering social dynamics when evaluating the culpability of young offenders.

D. Similarities According to Miller Factor 4: Understanding the Legal Proceedings

The complexities of the legal system can be overwhelming even for adults. Adolescents and late adolescents, with their still-developing brains, often struggle to comprehend their rights and the implications of legal decisions. The Miller factors recognize the need to protect young people from making uninformed choices that could have lifelong consequences.

Research indicates that adolescents and late adolescents may be more likely to waive their Miranda rights or accept plea deals without fully understanding the long-term consequences, often influenced by a desire to end the stressful encounter with law enforcement.

E. Similarities According to Miller Factor 5: Greater Potential for Rehabilitation

The capacity for rehabilitation is central to the arguments against life without parole for both adolescents and late adolescents. As their brains continue to develop into their early twenties, this group exhibits a significant capacity for growth and change.

By recognizing the similarities in brain development and psychosocial factors between adolescents and late adolescents, courts can implement more just and age-appropriate sentencing practices. Applying the Miller factors to late adolescents acknowledges their unique vulnerabilities and offers an opportunity for rehabilitation and reintegration into society.

III. An Example of a Successful Extension of Miller Factors to a Late Adolescent

A. United States of America v. Jermaine Jarell Sims

The case of United States v. Jermaine Jarell Sims provides a compelling example of why extending Miller factors to late adolescents is crucial. In 1998, Sims, then twenty-one, was sentenced to life in prison without parole for selling firearms later used in a bank robbery, despite not participating in the robbery itself.

The sentencing judge, though bound by mandatory minimums at the time, publicly stated that the sentence was cruel and unusual, recognizing the disparity between Sims' limited involvement and the severity of the punishment.

After twenty-three years of exemplary behavior in prison, Sims was granted a sentence reduction and released in 2021. The court, while acknowledging that Sims was not technically a juvenile at the time of the offense, considered the Miller factors and the scientific evidence of continued brain development into the early twenties. This decision recognized the rehabilitative progress Sims made during his incarceration, highlighting the importance of considering individual circumstances and the potential for change, even in cases involving serious offenses.

Conclusion

The United States lacks a consistent definition of childhood, leading to inconsistencies in how the legal system treats young people. Despite scientific evidence demonstrating the ongoing brain development and unique vulnerabilities of adolescents and late adolescents, they are often held to adult standards in criminal courts.

The Supreme Court's decision in Miller v. Alabama, rooted in neuroscience and developmental psychology, recognizes the diminished culpability and greater potential for rehabilitation in children. This understanding should be extended to late adolescents, as they share many of the same characteristics outlined in the Miller factors. By applying these factors to those aged eighteen to twenty-one, the justice system can promote fairness, recognize the capacity for change in young people, and move away from excessively punitive practices that fail to serve the goals of rehabilitation and justice.

Link to Article

Abstract

In 2012, in Miller v. Alabama, the United States Supreme Court held it unconstitutional to impose a mandatory sentence of life without parole on children because such a sentence fails to adequately account for a child’s developmental stage or ability to weigh long-term consequences. Children are fundamentally different from adults, making them more susceptible to lack of self-regulation, poor decision making, and peer pressure. In Miller, the Court found that these aspects of children’s behavior made children less culpable than adults. Psychological studies have demonstrated that adolescence is more protracted than previously recognized. Profound malleability of the brain characterizes the period between ages ten and twenty-five. This malleability often results in changes in behavior, unanticipated reactions, and poor decision- making in these individuals. However, scientific findings support the contention that this same malleability allows adolescents to rehabilitate, making a case for rapid positive change. Individuals between eighteen and twenty-one years old can be considered to have entered a period known as “late adolescence,” a time more akin to adolescence than adulthood. Late adolescence may help explain why criminality in young adults dramatically decreases around the time they reach age twenty-two and continues to decline until their mid-twenties. This article argues that courts should apply Miller when sentencing late adolescents. Therefore, courts should extend the ban on mandatory life without parole to youth who committed a crime before turning twenty-one."

Should Young Adults Get a Second Chance?

Introduction

In the important case of Miller v. Alabama, the Supreme Court decided that sentencing kids under 18 to life in prison without the possibility of parole (LWOP) is cruel and unusual punishment. Basically, they said it's like a slow death sentence and goes against what's considered acceptable in our society. The Court said these young people deserve a real chance to get out of prison based on how they've changed because their crimes might be due to being young and immature. The Court created a five-factor test to help judges decide if LWOP is appropriate in each case.

Many people supported the kids in the Miller case. They argued that young people's brains aren't fully developed, making them more impulsive and easily influenced by others. They also pointed out that kids often don't understand the long-term consequences of their actions and have a huge potential for change.

This article argues that the Miller factors, which apply to kids under 18, should also apply to young adults between 18 and 21. We'll explore how young adults' brains, personalities, families, and potential for change are more similar to teenagers than fully grown adults. Because of these similarities, giving young adults LWOP might also be considered cruel and unusual punishment.

I. Life with Parole Should Be the Standard for Young Adults

"Life without parole" sounds nicer than it is. It's basically a life sentence, the second harshest punishment in the United States. A more accurate term might be "death by incarceration." In the 1990s, many states got rid of parole, and by 2000, twenty states had made LWOP mandatory for certain crimes, even for young people. This means judges couldn't consider the individual circumstances of a case when deciding on a sentence.

The idea behind this was that LWOP would scare people away from committing crimes, but that hasn't proven true. The original goal of parole was to encourage rehabilitation. The possibility of release motivated prisoners to work on changing their lives and becoming productive members of society. When we take away parole, we take away that hope and focus only on punishment, not rehabilitation.

Since the early 2000s, the Supreme Court has been looking at whether LWOP and the death penalty are truly "cruel and unusual punishment," particularly for certain groups like people with intellectual disabilities. Over time, they've made some important decisions.

A. How the Eighth Amendment Has Changed

The Eighth Amendment to the U.S. Constitution protects us from cruel and unusual punishment. The Supreme Court has said that a punishment is cruel and unusual if it's too harsh and doesn't fit the crime. For example, giving every murderer the death penalty would be considered excessive because it's supposed to be reserved for the most extreme cases.

In 2002, the Court decided that giving the death penalty to someone with an intellectual disability is unconstitutional. Then, in 2005, they decided in Roper v. Simmons that giving the death penalty to anyone under 18 is also unconstitutional. The Court recognized that young people are less mature, more easily influenced, and have a greater potential for change than adults.

Three years later, the Court heard Kennedy v. Louisiana, where a man was sentenced to death for raping a child. Even though it wasn't a murder, the Court said the death penalty was too harsh based on evolving societal standards.

In 2010, the Supreme Court went even further, deciding in Graham v. Florida that giving LWOP to a juvenile who didn't kill anyone was also cruel and unusual punishment. They said that kids who haven't committed murder deserve the chance to show they can change and maybe even get out of prison someday.

This led to the landmark case of Miller v. Alabama, where the Court said that mandatory LWOP sentences for juveniles were unconstitutional because they didn't allow judges to consider the specific circumstances of each young person. The Court outlined five factors for judges to consider:

  1. Immaturity, Impulsivity, and Risk-Taking: Young people are naturally more impulsive and don't always think about the consequences of their actions.

  2. Family and Home Environment: A difficult or unstable home life can contribute to a young person's involvement in crime.

  3. Peer Influence: Teenagers are especially vulnerable to pressure from their friends.

  4. Understanding of Legal Proceedings: Young people may not fully understand their rights or the legal system.

  5. Potential for Rehabilitation: Kids have a greater capacity for change and growth than adults.

The Court also said that LWOP for juveniles should be extremely rare and only used in the most serious cases.

B. Should the Miller Factors Apply to Young Adults?

The Court's decision to protect young people from LWOP makes sense given what we know about how brains develop. But what about young adults, those between 18 and 21? Their brains are still developing too.

Science shows that the brain continues to change significantly until about age 25. This means that the same factors that make teenagers more impulsive, vulnerable to peer pressure, and capable of change also apply to young adults. So, it's worth asking if the Miller factors should also be considered when sentencing young adults to LWOP.

II. Adolescents and Young Adults Are More Alike Than Different

It's clear that adolescents and young adults share many similarities, but the legal system doesn't always recognize this. This article argues that we should extend the Miller factors to young adults and reconsider giving them LWOP sentences.

A. Similarities in Miller Factor 1: Immaturity, Impetuosity, Risk-taking

Experts say that adolescence actually lasts until about age 25. During this time, the brain is still developing the parts that control impulses, emotions, and decision-making. This explains why both teenagers and young adults can be impulsive and take risks. Since their brains are still "under construction," they have a greater opportunity for rehabilitation compared to adults.

B. Similarities in Miller Factor 2: Family & Home

The Supreme Court has said that a difficult childhood can be a mitigating factor in sentencing. Studies show that many young people in the justice system have experienced trauma, abuse, or neglect. These experiences can actually change the way their brains develop, making them more likely to struggle with impulse control and emotional regulation. This is true for both adolescents and young adults.

C. Similarities in Miller Factor 3: Peer Influence

Both adolescents and young adults are highly influenced by their peers. Research shows that even the presence of friends can make teenagers and young adults more likely to make risky decisions. This is because their brains are still developing the parts that control impulses and social rewards.

D. Similarities in Miller Factor 4: Understanding the Legal Proceedings

The criminal justice system can be confusing for anyone, but especially for young people. They might not fully understand their rights, the consequences of their actions, or how to navigate the legal process. Both adolescents and young adults are more likely to confess to crimes they didn't commit or accept plea deals without understanding the long-term consequences.

E. Similarities in Miller Factor 5: Greater Potential for Rehabilitation

One of the main reasons the Court ruled against mandatory LWOP for juveniles is that kids have a greater capacity for change than adults. The same is true for young adults. Their brains are still developing, and they are more likely to respond positively to rehabilitation programs. With the right support and opportunities, young adults can turn their lives around.

Since all five Miller factors apply to both adolescents and young adults, it makes sense to reconsider giving young adults LWOP sentences. They deserve the same chance to show they can change and become productive members of society.

III. A Case for Second Chances: United States V. Jermaine Jarell Sims

Jermaine Jarrell Sims was 21 years old when he was sentenced to LWOP for selling guns that were later used in a bank robbery. Even though he wasn't involved in the robbery itself, he received the same sentence as the robbers who killed someone. The judge who sentenced Sims believed the punishment was too harsh but had no choice due to mandatory sentencing laws.

After spending 23 years in prison, Sims was released. During his time in prison, he stayed out of trouble, took classes, and worked hard to improve himself. The court eventually agreed that he deserved a second chance. They recognized that he was a young adult when he committed the crime and that his brain was still developing. Sims's case shows why we need to rethink LWOP sentences for young adults.

Conclusion

In the United States, we haven't quite figured out when childhood ends and adulthood begins. We treat young people differently depending on the situation. They can make some medical decisions on their own, but many states can still try them as adults in the criminal justice system, even though they can't vote or drink alcohol legally. This doesn't seem fair, especially when science tells us that their brains are still developing.

The Supreme Court has recognized that children are different from adults and deserve different treatment under the law, especially when it comes to sentencing. They've said that LWOP is usually too harsh a punishment for young people because they are less mature, more easily influenced, and have a greater potential for change.

But what about young adults? Their brains are still developing too. They share many of the same characteristics as teenagers, including impulsivity, vulnerability to peer pressure, and a capacity for rehabilitation. Therefore, it seems logical to extend the protections offered by the Miller case to young adults between 18 and 21.

Instead of locking them up and throwing away the key, we should give young adults a chance to show they can change. Just like Jermaine Sims, they might surprise us.

Link to Article

Abstract

In 2012, in Miller v. Alabama, the United States Supreme Court held it unconstitutional to impose a mandatory sentence of life without parole on children because such a sentence fails to adequately account for a child’s developmental stage or ability to weigh long-term consequences. Children are fundamentally different from adults, making them more susceptible to lack of self-regulation, poor decision making, and peer pressure. In Miller, the Court found that these aspects of children’s behavior made children less culpable than adults. Psychological studies have demonstrated that adolescence is more protracted than previously recognized. Profound malleability of the brain characterizes the period between ages ten and twenty-five. This malleability often results in changes in behavior, unanticipated reactions, and poor decision- making in these individuals. However, scientific findings support the contention that this same malleability allows adolescents to rehabilitate, making a case for rapid positive change. Individuals between eighteen and twenty-one years old can be considered to have entered a period known as “late adolescence,” a time more akin to adolescence than adulthood. Late adolescence may help explain why criminality in young adults dramatically decreases around the time they reach age twenty-two and continues to decline until their mid-twenties. This article argues that courts should apply Miller when sentencing late adolescents. Therefore, courts should extend the ban on mandatory life without parole to youth who committed a crime before turning twenty-one."

Should People Go To Jail Forever? Why Kids and Almost-Adults Shouldn't Get the Harshest Punishment

Introduction

A few years ago, the Supreme Court made a really important decision about how we punish young people who commit crimes. They said that sending kids under 18 to prison for the rest of their lives without any chance of parole (getting out early for good behavior) was unfair and wrong. The Court said that kids deserve a chance to show they've changed and grown up because their brains are still developing. They even made a list of things judges should think about when deciding a kid's punishment.

Lots of experts agreed with the Court. They said that kids' brains aren't fully developed yet, so they don't always think clearly or make good choices. They're more likely to do something risky or dangerous without thinking about the consequences. This article says that we should use the same thinking for people between 18 and 21, who are almost adults. They're still not finished growing up, so maybe they shouldn't go to jail forever either.

I. Everyone Deserves a Second Chance

Sending someone to prison for life without parole is like giving them a death sentence. They will grow old and die in prison without ever getting a second chance. That's a really harsh punishment, even for adults!

Parole is a system where people can get out of prison early if they behave well and show they've changed. It gives people hope and encourages them to work hard to turn their lives around. When we take away parole, we take away hope.

A. The Constitution and Punishment

The Constitution of the United States says that people can't be punished in a cruel and unusual way. Over the years, the Supreme Court has decided that some punishments are too harsh, especially for certain people.

For example, the Court said it's wrong to execute people with intellectual disabilities. They also said that kids under 18 shouldn't be executed because their brains aren't fully developed.

In another case, the Court said it's cruel to give a kid life in prison without parole if they didn't kill anyone. They said everyone deserves a chance to show they've changed.

Then, in a very important case, the Court said that judges need to consider special things about kids when deciding their punishments. These are called the "Miller factors":

  1. Growing Up: Kids are still learning and maturing. They don't always make good choices.

  2. Family and Home: A kid's family and home life can affect their behavior.

  3. Friends' Influence: Kids are easily influenced by their friends, for good or bad.

  4. Understanding the Law: Kids don't always understand their legal rights or the consequences of their actions.

  5. Potential for Change: Kids have a greater ability to change and turn their lives around.

The Court said these factors are important because they show that kids are less responsible for their actions than adults. They deserve a chance to grow up and become better people.

B. Are 18- to 21-Year-Olds Really Adults?

Even though the law says people are adults at 18, scientists say our brains don't stop developing until we're around 25! That means 18- to 21-year-olds are a lot like younger teenagers. They're still learning to make good choices and control their impulses.

Think about it: Can 18-year-olds rent a car or buy a drink? No! We know they're not quite ready for that kind of responsibility. So why do we treat them like adults in the justice system?

This article says that the "Miller factors" should apply to people between 18 and 21, too. They deserve the same consideration as younger kids because their brains are still developing.

II. How Are Older Teenagers Like Younger Teenagers

There are many ways that people between 18 and 21 are more similar to teenagers than adults. Let's look at the "Miller factors":

A. Still Growing Up

Scientists have shown that our brains are still changing and developing until our mid-twenties. This means that young adults, just like teenagers, are still learning to control their impulses, think about long-term consequences, and make good decisions.

B. Family and Home Still Matter

Difficult childhood experiences, like abuse or neglect, can have a big impact on brain development. This can make it harder for young people to control their emotions and make good choices, even when they're older.

C. Friends are Super Important

Young adults, just like teenagers, are often influenced by their friends. They might do something risky or dangerous because they want to fit in or impress their peers.

D. Understanding the Law is Hard

Even though they are legally adults, young people between 18 and 21 may not fully understand their legal rights or the consequences of breaking the law. They might feel pressured to confess to a crime they didn't commit or accept a plea deal that isn't in their best interest.

E. Everyone Can Change

Our brains are amazing! They can continue to learn and grow throughout our lives. This means that even young people who have made serious mistakes have the potential to change their behavior and become productive members of society.

III. A Second Chance for Jermaine

Here's a real-life example of why this matters. When Jermaine was 21 years old, he sold guns to some people who robbed a bank. He didn't go to the robbery or hurt anyone, but he was still given a life sentence without parole.

The judge who sentenced Jermaine didn't think it was fair. He knew Jermaine was still young and had the potential to change. Jermaine had never been in trouble with the law before, and he was influenced by older, more experienced criminals.

While in prison, Jermaine worked hard to turn his life around. He took classes, got a job, and stayed out of trouble. After 23 years, the judge who sentenced him and many others believed Jermaine deserved a second chance. Finally, Jermaine was released from prison.

Conclusion

Sending kids and young adults to prison for life without parole is a very serious decision. We have to remember that their brains are still developing, and they have a greater capacity for change than adults.

The "Miller factors" are important because they help us remember that kids are different from adults. They deserve a chance to show they've changed and grown, even if they've made serious mistakes.

Link to Article

Footnotes and Citation

Cite

Kamerow, S. (2022). Redefining Youth: The Case for Applying the Principles of Miller v. Alabama to Criminal Cases Involving Adults in Late Adolescence. Richmond Public Interest Law Review., 26, 25.

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