Juvenile Life Without Parole
The Supreme Court of South Carolina held that individuals sentenced to juvenile life without parole were entitled to resentencing hearings to present evidence about youthfulness, following the U.S. Supreme Court decision, Miller v. Alabama. The court stated in relevant part: “Miller is clear that it is the failure of a sentencing court to consider the…
This amicus brief by Juvenile Law Center and others argues California Penal Code 190.5(b) is unconstitutional because it presumes life without parole is the appropriate sentence for certain young people in adult court and it disregards Miller’s requirement of individualized sentencing. Furthermore, amici argue that a young person’s sentence must provide a “meaningful opportunity to…
This amicus brief by Juvenile Law Center argues California’s Penal Code Sec. 190.5(b) is unconstitutional because it presumes life without parole is an appropriate sentence for [youth] and this presumption contravenes Miller’s requirement of individualized sentencing and that this type of sentence be uncommon for young people. Furthermore, amici argue any life without parole sentence…
This amicus brief by The Juvenile Law Center and The Gault Center wrote the amicus, urging the Supreme Court to Grant Certiorari in the case of Bunch v. Bobby. This brief argues that juvenile life without parole sentences are unconstitutional for non-homicide offenses as articulated in Graham must be applied to sentences that are the…
This amici brief prepared by the Juvenile Law Center et al. highlights the particular characteristics of adolescent development and youth that make juvenile life without parole sentences unconstitutional and in violation of the 8th Amendment to the U.S. Constitution. The brief addresses youth’s culpability, potential for change, and risk taking behavior compared to adults as…
The U.S. Supreme Court held juvenile life without parole for non-homicide offenses violates the 8th Amendment and offered the following language in support. “Roper established that because juveniles have lessened culpability they are less deserving of the most severe punishments. 543 U.S., at 569, 125 S. Ct. 1183, 161 L. Ed. 2d 1. As compared…
This amicus brief by The Juvenile Law Center, The Gault Center, and others highlights the unique developmental status of youth, relevant social science research, and Supreme Court Jurisprudence, that make a life without parole sentence for non-homicide crimes unconstitutional in violation of the 8th Amendment of the U.S. Constitution. As stated in their brief: “The…
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