Sentencing
In the case of C.P, the Ohio Supreme Court ruled that R.C. 2152.86, which created a new class of youth adjudicated of sex offenses who would automatically be subject to mandatory, lifetime sex-offender registration and notification requirements, violated the U.S. and Ohio Constitutions. In its ruling, the Court offered the following language in support: “In…
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…
This amicus brief by Center on Wrongful Convictions of Youth, Juvenile Law Center, and others argues that a juvenile court adjudication should not be used to enhance a sentence in adult court under Apprendi v. New Jersey, 530 U.S. 466 (2000), because a juvenile court adjudication lacks the same reliability as a criminal conviction, and…
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 prepared by Juvenile Law Center, The Gault Center, and others argues the 6th Amendment protects the right to jury trials in juvenile court sentencing hearings resulting in serious adult sentences. Amici argue the New Mexico Supreme Court should affirm the Court of Appeals’ judgment and find that the rule from Apprendi applies…
In New Mexico v. Jones, the New Mexico Supreme Court held that before an adult sentence is imposed on a young person based on the state’s “Youthful Offender” status, which enables either a juvenile or adult sentence, an amenability hearing must first be held to determine whether a young person is amenable to rehabilitation or treatment in the juvenile legal system. The court offered the following language in support: …
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…
From the introduction: “In this policy brief, we will focus more precisely on the question of who has been most affected by the growth of the corrections system, and illustrate how the impact of the decision to fund the prisons over schools has been concentrated among Americans with little education. The improved high school completion…
The U.S. Supreme Court held that when mental health is a significant factor in an accused person’s defense, they must have the ability to hire an independent expert provided to the defense at the expense of the state if they cannot afford it. The Court reversed and remanded the holding of the Oklahoma Court of…
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