Resource Library

Topics

Filters

Clear Filters

Resource Library

New to the Resource Library?

Learn how to navigate, search, and use our resources effectively.

How to use the Library

Proposed Amicus Brief of the Sentencing Project in Support of William N. Palmer

Amici argue that mandatory life sentences for juveniles convicted of kidnapping violate the Eighth Amendment and the California Constitution's ban on cruel or unusual punishment.

mandatory life with the possibility of parolelifetime imprisonment with the possibility of paroleEighth Amendment (U.S.)cruel and unusual punishmentindeterminate sentences17-year-oldkidnappingMillerGrahamLWOP
(2020)

Brief of Amici Curiae in Support of Petitioner O.G.

The brief argues that S.B. 1391 aligns with the historical intent of Proposition 57 by reducing the number of youth tried in adult courts. It asserts the amendment furthers the initiative's purpose and voter intent.

adolescent development juvenile transfersbrain science
(2020)

Brief of Amici Curiae Former Judges, Current and Former Prosecutors, Law Enforcement Officers, Juvenile Justice Officials, Correctional Officers, and Probation Officers in Support of Petitioner

The brief argues a trauma-informed approach is the constitutional standard of care for detained children. It asserts the district court erred by not applying this standard to alleged mental health care failures.

traumamental healthchildrenchild detaineestrauma-informed careadolescent brain development
(2020)

Brief of Amici Curiae, Current and Former State Prosecutors, State Attorneys General, DOJ Officials, U.S. Attorneys, and Former Corrections Directors—In Support of Plaintiffs

Missouri's parole system for youth serving life sentences aligns with Miller by assessing maturity and rehabilitation after 25 years. This process is crucial for public trust and safety, ensuring due process for release consideration.

JLWOPMillerMontgomeryjuvenile life without paroleDue Process protectionsfair sentencingindividualized assessmentscapacity for changematurity
(2020)

Brief of Amici Curiae Children and Family Justice Center et al. in Support of Defendant-appellee

The brief argues that mandatory life without parole for young adults, especially those under 21, is unconstitutional. It states their developing brains make them less culpable, similar to the rationale for minors.

brainbrain plasticitybehavior regulationemerging adultsdopaminemandatory LWOPdevelopmental characteristicsRoperimpulsivitycold cognitiondecision-makinghot cognitionrisky behavior
(2020)

Brief of Juvenile Law Center as Amicus Curiae in Support of Appellant Tyshon Booker

This brief argues that youth matters in sentencing, meaning children are less culpable than adults. Courts must consider a child's age before imposing harsh adult sentences.

MillerMontgomeryJLWOPjuvenile life without paroletransient immaturitytemporary immaturityde facto life sentencesdevelopmental differencesindividualized sentencingdiminished culpabilityagevulnerability to peer pressurecharacteristics of youth
(2020)

Brief of Amicus Curiae Julie A. Gallagher, Psy.D ABPP in Support of Appellant Tyshon Booker

The brief argues that juveniles are fundamentally different from adults, based on adolescent brain development and psychology. This difference means juveniles should have a chance for release based on maturity and rehabilitation.

unformed juvenile charactertransitory immaturitypeer pressure susceptibility to negative influencesimbalanced brain maturationself-regulationrisk-takingdecision-makingsensitivity to rewardsimpulse controlneurotransmittersdopaminesensation seekingadolescent development
(2020)

Brief of Amicus Curiae Amicus Populi in Support of Respondent

This brief argues that sentencing juvenile murderers to life without parole should be based on objective current facts, not predictions of future "irreparable corruption.

Eighth Amendment (U.S.)permanently incorrigiblejuvenile life without paroleJLWOPjuvenile murdererpermanent incorrigibilityirreparable corruptionirretrievable depravitybeyond rehabilitationMiller
(2020)

Brief for Amicus Curiae the American Civil Liberties Union Foundation, the ACLU of Mississippi, the American Conservative Union Foundation, the Rutherford Institute, the R Street Institute, and Larry W. Yackle in Support of Petitioner

The brief argues that sentencing a child to life without parole requires a finding of permanent incorrigibility. This position is based on previous rulings that most children are capable of change.

permanently incorrigibleMillerMontgomeryLWOPlife without paroleincapable of rehabilitationjuvenile
(2020)

Brief of Amici Curiae National Association of Criminal Defense Lawyers, Mississippi Office of the State Public Defender, and Mississippi Public Defenders Association in Support of Petitioner

This brief argues that sentencing a juvenile to life without parole is unconstitutional without a finding of permanent incorrigibility. It claims that current state practices often fail to ensure this critical determination.

permanent incorrigibleincapable of rehabilitationJLWOPMillermitigating factordisproportionate punishmentdiminished culpabilitylesser blameworthinessEighth Amendment (U.S.)
(2020)

Amicus Curiae Brief of the Equal Justice Initiative in Support of Petitioner

This brief argues that a law preventing 14- and 15-year-olds from being tried in adult court aligns with Proposition 57. It cites scientific research on adolescent development to support keeping young teens in the juvenile justice system.

Proposition 57adolescentscapacity for changepeer pressuredevelopmental vulnerabilitydecision-makingtransfers
(2020)

Brief of Amici Curiae Children and Family Justice Center et al. in Support of Defendant-appellee

This brief argues that mandatory life without parole for emerging adults is unconstitutional. It asserts that developmental science shows individuals beyond age 18 share characteristics that reduce culpability.

emerging adultsmandatory LWOPmandatory life without parolebrain developmentdevelopmental characteristicsadolescentsdiminished culpabilitylesser blameworthiness
(2020)

Brief of Human Rights for Kids as Amicus Curiae in Support of Petitioner

The Sixth Circuit's interpretation of the Armed Career Criminal Act punishes juvenile offenders disproportionately. It applies adult standards to children, violating the Eighth Amendment and risking unconstitutional sentences.

child offenderscareer criminal status;irredeemable offendersincapabile of rehabilitationunderdeveloped brainsentencing enhancementsArmed Career Criminal Act (ACCA)
(2020)

Brief of Juvenile Law Center, NAACP Legal Defense & Educational Fund, Inc., Lawyers’ Committee for Civil Rights Under Law, and 65 Other Organizations and Individuals as Amici Curiae in Support of Petitioner

This brief argues that sentencing courts must find a juvenile offender permanently incorrigible before imposing a life without parole sentence. This finding ensures compliance with Eighth Amendment protections for youth.

Millerpermanent incorrigibilityEighth Amendmentracial biasjuvenile offenderLWOP
(2020)

Brief of Amicus Curiae Professor Vincent Schiraldi, Columbia University School of Social Work, in Support of William M. Palmer II

Adolescents are biologically and behaviorally distinct from adults, leading to reduced culpability and greater capacity for change. The brief argues this counsels against excessive punishment for a 17-year-old.

adolescent decision-makingimpulsivityrisky behavioradolescent brainreduced criminal culpabilityreduced criminal blameworthinessneurological factorsenvironmentbehavioral factorsirrational behaviorunique developmental characteristics of the adolescent brain
(2020)
1...121314...62