American Academy of Pediatric Neuropsychology, the American Civil Liberties Union of New Jersey, the Gault Center et al. Amicus Brief, State v. Jones et al. 

This amicus brief from American Academy of Pediatric Neuropsychology, the American Civil Liberties Union of New Jersey, the Gault Center, and others argues there is no reasonable, scientific basis for drawing the line for adolescence at age 18, and therefore protections from Comer (including reconsideration of lengthy sentences for homicide offenses committed by individuals under 18) should extend to young people who were 18 to 20 years old.  Additionally, the brief reviews the Miller factors on characteristics of youthfulness and discusses how they apply to 18-20 year olds. 

From the preliminary statement: 

“Almost two decades ago, in striking down the death penalty for children, Justice Kennedy explained that a line needed to be drawn somewhere and 18 was the logical place to draw it because “[t]he age of 18 is the point where society draws the line for many purposes between childhood and adulthood.” Roper v. Simmons, 543 U.S. 551, 574 (2005). The same line was later drawn for the imposition of death-in-prison sentences. Psychological expertise now teaches that Roper’s line drawing — expanded by the United States Supreme Court and adopted by this Court — requires review in light of robust developmental scientific findings since Roper was decided. Late adolescents (18-20) share similar characteristics with middle adolescents (14-17) that equally justify prohibitions on, or at least limitations on, the most extreme sentences. Amici respectfully request that the Court grant Certification in these cases and adopt the undisputed science that supports extending Comer’s protections to include late adolescents.”