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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)

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

The brief argues mandatory life without parole for juveniles is unconstitutional. It claims courts must consider a child's age, home life, and role in the crime before imposing such a sentence.

attendant characteristics of youthdevelopmentally appropriateMillerMontgomeryLWOPlife without paroleEighth Amendment (U.S.)transient immaturitytemporary immaturityretroactive reliefresentencingmandatory sentencingdiscretionary sentencing
(2020)

Brief Amici Curiae of the National Organization of Victims of Juvenile Murderers and Arizona Voice for Crime Victims, Inc. in Support of Respondent

The brief argues that individualized sentencing for youth, as per Miller, was met in this case. A new legal finding of incorrigibility would harm victims' families by forcing them to relive trauma through ongoing parole hearings.

permanent incorrigibilitylife without paroleLWOPvictimspossibility of parole
(2020)

Brief of Indiana, Alabama, Arkansas, Florida, Idaho, Kentucky, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, and Wyoming as Amici Curiae in Support of Respondent

This brief argues the lower court correctly sentenced Brett Jones to life without parole. It claims the Eighth Amendment does not require a specific finding that a juvenile is "permanently incorrigible" for such a sentence.

MillerMontgomerydiscretionary life without parole sentencinglife without paroleLWOPjuvenile sentencingyouth and its attendant circumstancesmandatory LWOPmandatory life without parole sentencesbeyond rehabilitationpermanently incorrigibleEighth Amendment (U.S.)
(2020)

Brief Amicus Curiae of the Criminal Justice Legal Foundation in Support of Respondent

The petitioner argues the trial court improperly sentenced a minor to life without parole. The state asserts the sentencing judge considered all factors before imposing the sentence.

permanently incorrigibleEighth Amendment (U.S.)LWOPlife without paroleMillerDue Process Clause (U.S.)
(2020)

Brief for the United States as Amicus Curiae Supporting Respondent

The petitioner argues the Eighth Amendment requires a finding of permanent incorrigibility before sentencing a juvenile to life without parole. The brief asserts the Eighth Amendment imposes no such requirement.

permanently incorrigibleincapable of rehabilitationEighth Amendment (U.S.)Millerhomicidetransient immaturityyouth as mitigating circumstancesJLWOPjuvenile life without parole
(2020)

Brief of Amici Curiae Current and Former Prosecutors, Department of Justice Officials, and Judges in Support of Petitioner

This brief argues that mandatory life without parole for juveniles is unconstitutional. It states courts must find a juvenile permanently incorrigible before sentencing them to life without parole.

permanent incorrigibilityproportionate sentencingEighth Amendment (U.S.)MillerMontgomerytransient immaturity
(2020)