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Brief of Amici Curiae Juvenile Law Center, Campaign for Fair Sentencing of Youth, et al. In Support of Respondent Lee Boyd Malvo

This brief argues that executing 16 and 17-year-olds is cruel and unusual punishment. It asserts that evolving standards and new research show these youths are less culpable and deterrable than adults.

adolescentsbrainculpabilityblameworthinessEighth Amendment (U.S.)juvenile death penaltyexecutionminorsStanfordyouthyouthful offenderAtkinsconfessionproportionality analysismurder
(2004)

Brief of the NAACP Legal Defense and Educational Fund, Inc., the American Civil Liberties Union, et. al., as Amici Curiae in Support of Respondent

The brief argues that race remains a factor in juvenile death penalty cases despite court efforts. It asserts that racial bias discounts youth as a mitigating factor, leading to a disproportionate number of youth of color on death row.

death penaltyyouth of colormitigation of youthmitigating factordeathexecution
(2004)

Brief of the European Union and Members of the International Community in Support of Respondent

The brief argues international consensus opposes executing offenders under 18 at the time of their crimes, citing practices of most nations and international law. It urges the Court to consider this global agreement.

international lawdeath penaltyunder 18minorsjuveniles
(2004)

Brief of New York, Iowa, Kansas, Maryland, Minnesota, New Mexico, Oregon, and West Virginia as Amici Curiae in Support of Respondent

The brief argues that executing juvenile offenders is cruel and unusual punishment under the Eighth Amendment. A national consensus now exists, with 31 states and the federal government prohibiting such executions.

executiondeath penaltyage 17capital sentencingcruel and unusual punishmentEighth Amendment (U.S.)
(2004)

Brief of the States of Alabama, Delaware, Oklahoma, Texas, Utah, and Virginia in Support of Petitioner

This brief argues against a complete ban on the death penalty for 16- and 17-year-olds. It asserts that some adolescent offenders can understand the severity of their actions, making a categorical exemption unjustified.

16- and 17-year-oldsexecutionEighth Amendment (U.S.)death penaltyFourteenth Amendment (U.S.)cruel and unusual punishmentmoral culpabilityhomicidecapital punishmentmurder
(2004)

Brief for the American Psychological Association, and the Missouri Psychological Association as Amici Curiae Supporting Respondent

This brief argues that executing 16 and 17-year-olds is unconstitutional. It states adolescents lack the maturity, brain development, and impulse control for adult-level decision-making and blameworthiness.

Eighth Amendment (U.S.)Fourteenth Amendment (U.S.)capital murderbrain researchneuropsychological researchrisk-takingadolescent braindecision-makingdeath penaltyexecution17-year-oldunder 18developmental immaturitymitigationmitigating effect of adolescenceunconscious racismAfrican American adolescentsculpabilityblameworthinessadolescent personality
(2004)

Brief of Juvenile Law Center, et al. in Support of Respondent

The brief argues that executing individuals who committed crimes at ages 16 or 17 is unconstitutional. It claims evolving standards and scientific research show such executions are cruel and unusual punishment.

adolescentsbrainculpabilityblameworthinessEighth Amendment (U.S.)juvenile death penaltyexecutionminorsStanfordyouthyouthful offenderAtkinsconfessionproportionality analysismurder
(2004)

Brief of the American Medical Association, American Psychiatric Association, American Society for Adolescent Psychiatry et al., as Amici Curiae in Support of Respondent

This brief argues that scientific evidence shows adolescent brains are still developing, impacting impulse control and decision-making. These differences should categorically disqualify 16 and 17-year-old offenders from the death penalty.

cognitive deficienciesadolescent braincapital punishmentdeath penaltyexecutionrisky behaviorimpulsivityadolescent vulnerabilitybrain activity
(2004)

Seeing Black: Race, Crime, and Visual Processing

The stereotype of Black Americans as violent and criminal is strong and automatic. Research shows that just as the presence of Black individuals can trigger thoughts of crime, the concept of crime can also trigger thoughts of Black people.

Decision-makingbehaviorracesexjustice
(2004)

Competence, Culpability, and Punishment: Implications of Atkins for Executing and Sentencing Adolescents

The article argues that the Supreme Court's reasoning for prohibiting the execution of people with mental retardation should also apply to adolescents.

Supreme Courtblameworthinesscapital punishmentproportionalitydeath penaltydevelopmental impairmentsolder adolescentsAtkins v. Virginiajudgmentimpulse controlpsychological characteristicsdevelopmental characteristicsreduced culpabilitymitigating factors
(2003)

State v. Standard

The court upheld a teenager's murder conviction, finding his confession was voluntary. Separate sentences for murder and firearm possession were also deemed constitutional.

juvenile offenderLWOPjuvenile life without paroleburglary
(2002)

Brief of Center on Children & the Law; Center on Juvenile & Criminal Justice; Children & Family Justice Center; and Juvenile Justice Project of Louisiana et al. as Amici Curiae in Support of Lionel Tate, Appellant

This brief argues for reversing a lower court's ruling. It claims the court failed to consider Lionel's age and violated his constitutional rights, including due process and protection against cruel and unusual punishment.

infancy defensechildrencapacy to commit a crimetransfers to criminal courtdue processFourteenth Amendment (U.S.)equal protectionlife without the possibility of paroleLWOPcompetenceEighth Amendment (U.S.)
(2002)

Criminal decision making: The development of adolescent judgment, criminal responsibility, and culpability

The juvenile justice system has shifted towards more punitive measures, treating adolescents similarly to adults. This raises questions about adolescent maturity and decision-making in criminal contexts.

psychosocial factorstemporal perspectivepeer influencerisk perceptionadolescent criminal decision-making
(2001)

State v. Peralto

The Hawaii Supreme Court ruled that a life without parole sentence for murder was cruel and unusual for a defendant with mental retardation. The court found mental limitations reduced culpability, making the sentence disproportionate.

LWOPjuvenile life without parolemental disabilitiesEighth Amendment (U.S.)cruel and unusual punishmentconsecutive life sentences
(2001)

Youth Law Center Brief in Support of Petitioners

This brief argues that Proposition 21 harms public safety by increasing youth recidivism and injury. It also contends that the law's lack of prosecutorial guidelines worsens racial disparities in the justice system.

transferstransfer to adult courtjuvenilespublic safetyharmyouthyouth of colorracial disparities
(2001)
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