Juvenile Law Center and The Gault Center Amicus Brief, Bunch v. Bobby

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 functional equivalent of lwop (e.g., here, where Chaz Bunch was sentenced to prison until approximately 105 years old).

The amici argue in their brief: “Despite the Court’s clear and commonsense ruling, lower courts have split on how to apply Graham to sentences that preclude any meaningful opportunity for release, but are not labeled “life without parole.” Amici share a deep concern that without the Court’s clarification many juveniles will be subject to sentences that violate the Eight Amendment and are at odds with this Court’s jurisprudence related to children and adolescents.
For this reason, Amici join together to urge the Court to grant certiorari and hold that a sentence imposed on a juvenile for a non-homicide offense that is the functional equivalent of life without parole is inconsistent with Graham v. Florida and violates the Eighth Amendment of the United States Constitution.”

The Supreme Court denied certiorari in this case.