NACDL - Jones v. Mississippi

Jones v. Mississippi

Brief of the National Association of Criminal Defense Lawyers, Mississippi Office of the State Public Defender, and Mississippi Public Defenders Association In Support of Petitioner.

Brief filed: 06/12/2020

Documents

Jones-v-Mississippi-Brief.pdf

Jones v. Mississippi

United States Supreme Court; Case No. 18-1259

Prior Decision

Decision below 2018 WL 10700848 (Miss. Nov. 27, 2018)

Argument(s)

The Supreme Court has held that life without parole is appropriate only for a “permanently incorrigible” juvenile offender. States like Mississippi that do not require a finding of permanent incorrigibility are not reliably implementing that command because offenders receive life-without-parole sentences even if they are capable of change. Mississippi’s approach also produces arbitrary sentencing outcomes, because a juvenile’s sentence depends on whether his sentencer independently comprehends Miller, not on whether he is actually permanently incorrigible. States that require a finding of permanent incorrigibility ensure that juvenile offenders only receive life-without-parole sentences when the sentence is proportionate and lawful. Sentencers can still impose life-without-parole sentences when an offender is actually permanently incorrigible.

Author(s)

Ginger Anders, Munger, Tolles & Olson LLP, Washington, DC; Teresa Reed Dippo, Munger, Tolles & Olson LLP, San Francisco, CA; Barbara E. Bergman, NACDL, Tucson, AZ.