High Court’s Decision in Miller v. Alabama is a Victory for Many, Especially in Communities of Color

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The W. Haywood Burns Institute  (BI) would like to congratulate our colleague Bryan Stevenson at the Equal Justice Initiative  and the legions of lawyers, advocates and families on their victory in the U.S. Supreme Court’s decision in Miller v. Alabama. 

This decision will impact more than 2,000 young people of which 75 percent are youth of color. The decision specifically holds that young people convicted of homicide cannot mandatorily be sentenced to life without possibility of parole. While some headlines scream that “murderers” will go free, for those of us that live and work in communities of color, this decision is impactful and important. In some communities of concentrated poverty across the country, the line between perpetrator and victim is easily traversed. Families of victims and convicted perpetrators are coming to grips with the facts of the new decision.

High Court Ruling on Juvenile Life Without Parole Could Impact Many

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Hundreds of people like Alabama’s Evan Miller are newly-eligible to appear in front of sentencing judges and perhaps parole boards, as the U.S. Supreme Court strikes down certain life sentences without parole that were handed out to juvenile offenders. As a drug-addicted, abused, neglected minor in and out of foster care, 14-year-old Miller and a friend, killed his mother’s drug dealer in 2003 after an evening of sharing drink and drugs. Under a mandatory sentencing law that ignores mitigating factors, Alabama sent Miller to prison for life without the chance of parole. But now minors like Miller must be allowed to present mitigating circumstances and the sentencing judge or jury must pay attention, the court ruled on July 25 in Miller v. Alabama. “Its kind of a new procedure that I think is going to be imposed in some jurisdictions,” said Richard Broughton, Assistant Professor of Law at the University of Detroit’s Mercy School of Law.

Justices’ Ruling on Young Killers Eases Anxieties for Some Experts, Advocates

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By Eric Ferkenhoff and Maggie Lee

The violence that stains Chicago is a long way from Washington, D.C., where the U.S. Supreme Court ruled Monday it was not just to lock up juvenile killers for life without parole in most cases. The court, reasoning children should not face what amounts to death behind bars, voted 5-4. Monday’s decision had been anticipated since arguments were heard in March on two cases out of Alabama and Arkansas dealing with 14-year-old convicts, and won the applause of children’s and rights advocates and scorn from those who believe punishment should be equal to the crime. “I’m feeling very good, hopeful,” said Julie Anderson, 55, whose son was convicted of murder at 15 in 1995. “We’ll see how it plays out, but my son defintely qualifiies under this ruling to have his sentence looked at again.”

She added: “And there’s so many of them, these people who were only children.

Supreme Court Forbids Mandatory Life Sentences Without Parole for Juveniles

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UPDATED Tuesday, 9:23 a.m.: WASHINGTON - Advocates for juvenile justice reform applauded the U.S. Supreme Court’s landmark 5-to-4 ruling yesterday that children under 18 could not be handed life imprisonment sentences without hope of release – even if convicted of murder – without taking into account their age and other extenuating circumstances at the time of the crime. “Held: The Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile homicide offenders,” read the majority opinion written by Justice Elena Kagan, which combined the court’s ruling on two cases, Jackson v. Hobbs and Miller v. Alabama. Chief Justice John Roberts wrote the dissenting opinion, joined by Justices Samuel Alito, Antonin Scalia and Clarence Thomas, sharply disagreeing that such sentences constituted cruel and unusual punishment for what were “heinous” crimes to society. “Put simply, if a 17-year-old is convicted of deliberately murdering an innocent victim, it is not ‘unusual’ for the murderer to receive a mandatory sentence of life without parole,” Roberts wrote. Kagan responded in a footnote to her opinion that she finds it ironic that the dissenters are holding a 14-year-old’s actions to the same standard as a 17-year-old’s, given that the main finding of the majority is that courts must take individual circumstances into account before deciding on a sentence.

BREAKING: Supreme Court Strikes Down Juvenile Mandatory LWOP

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Updated: 12:07 p.m. In a 5-4 decision issued Monday morning, the Supreme Court ruled the Eighth Amendment prohibits mandatory sentences of life without possibility of parole for juveniles (JLWOP). The decision stems from two cases—Jackson v Hobbs and Miller v Alabama—involving 14-year-olds convicted of murder and sentenced to mandatory life terms.

Justice Elena Kagan wrote the majority opinion, holding that mandatory JLWOP violates the Eighth Amendment’s prohibition of cruel and unusual punishment, citing as precedent Roper v Simmons. “That right ‘flows from the basic “precept of justice that punishment for crime should be graduated and proportioned,” to both the offender and the offense,’ ” Kagan wrote. Chief Justice John Roberts wrote the dissenting opinion.

Juveniles Convicted of Homicides: Will The U.S. Supreme Court Take the Next Logical Step?

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WASHINGTON, D.C. --  “Why is life without parole categorically different? How about 50, 60, 70 years?  As close to death as possible? How are we to know where to draw those lines?”  Justice Antonin Scalia was first out of the box to fire questions at defendant’s attorney Bryan Stevenson. However, on the first day of Spring in the city of cherry blossoms, all eyes and ears within the U.S. Supreme Court were focused on Justice Anthony Kennedy. Would he repeat the message of hope for young people when he so eloquently wrote for the majority two years earlier in Graham v. Florida: “Life in prison without the possibility of parole gives no chance for fulfillment outside prison walls, no chance for reconciliation with society, no hope.” (Before Graham, the Court’s decision in Roper v. Simmons had ruled the death penalty for juveniles unconstitutional.)

Relying upon scientific evidence that kids are different from adults because their brains hadn’t fully developed and thus lacked impulse control and judgment, the Graham decision held life without parole sentences for juveniles convicted of crimes other than homicides to be cruel and unusual punishment, thus unconstitutional.

The High Court Should Give Juveniles the Chance to Prove They Have Changed

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I suppose it was difficult to imagine Louis Perez changing course. He was only 14 years old when I met him in a probation camp, and yet, he seemed entrenched in the deepest, lethal absence of hope. Unable at that young age to transform his pain of abuse, abandonment and torture, he seemed set on a path doomed to transmit his pain forever. Now, almost 20 years later, after considerable prison time and having been stuck in a desperate cycle of gang violence and drugs, Louis runs things for me at Homeboy Industries, the nation's largest gang rehab and re-entry program. It shouldn't surprise us that children and teenagers aren't the same people once they become adults.

U.S. Supreme Court Heard Key Juvenile Cases Tuesday

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Story by John Kelly and Ryan Schill

Today, the Supreme Court will hear oral arguments in two murder cases that resulted in mandatory life without parole (LWOP) sentences for juvenile offenders, both of whom were 14 at the time of crime. At the heart of both cases is the question of the constitutionality of sentencing a minor to die in prison. Below is a primer with everything you need to know about Tuesday’s oral arguments, and what events led up to them. The issue

Life without the possibility of parole, which has the common shorthand of LWOP, is the most severe penalty other than death that is handed down to convicts. A prisoner who receives an LWOP sentence will never have the opportunity to become a free citizen again, regardless of his or her attempts to rehabilitate in prison.

High Court to Rule on Constitutionality of Life Sentences for Minors Convicted of Murder

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The U.S Supreme Court is set to hear two cases that will test the constitutionality of sentencing juveniles convicted of murder to life imprisonment without the possibility of parole. Last month, the nation’s highest court agreed to review Miller v. Alabama and Jackson v. Hobbs, two cases involving juveniles convicted of murder, to determine whether life imprisonment sentences for minors found guilty of homicide is a violation of the Eighth Amendment’s ban on cruel and unusual punishment. Evan Miller and Kuntrell Jackson were both found guilty of committing capital murder when they were 14. In 2003, Miller was found guilty of beating his neighbor, Cole Cannon, with a baseball bat and subsequently setting fire to his trailer home, where Cannon died from smoke inhalation. In 1999, Jackson, then an Arkansas youth, was charged with felony murder stemming from a video store robbery, in which an accomplice shot and killed clerk Laurie Troup.