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.

Argument: 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. 

Advocacy Call on Juvenile Life Without Parole

Speakers: Stephen Harper, Paul Mones

Three webcasts providing essential instruction for defense lawyers representing juveniles in adult court, supported by funding from the Foundation for Criminal Justice and the Ford Foundation.

The recent landmark U.S. Supreme Court decisions in Graham, Miller and Jackson have greatly affected the sentencing of juveniles and all aspects of representing a juvenile client in adult court.

Brief of Amici Curiae the National Association of Criminal Defense Lawyers, et al. in Support of the Petition for Rehearing En Banc

Argument: Miller provides categorical protection not merely a procedural requirement to consider youth. The District Court erroneously considered juvenile status as a mitigating factor rather than a categorical protection. The District Court further misapplied Miller by overlooking the central role of rehabilitation in juvenile sentencing. Congress has not provided a legal punishment for the crime of conviction. No legal, authorized punishment exists for juveniles charged under 18 U.S.C. § 1111. Briones was convicted under a statute that is unconstitutional as applied to juveniles. Sixth Amendment protections extend to whether a defendant is irreparably corrupt. A finding of irreparable corruption increases a juvenile defendant’s potential sentence and is similar to other factual findings that receive Sixth Amendment protections. Briones did not receive the required Sixth Amendment protections.

NACDL endorses the proposed Trial Defense Guidelines for Representing a Child Facing a Possible Life Sentence, and recommends that in any jurisdiction which permits the imposition of life sentences upon a child, the public and private defense bar should advocate to ensure that these standards are implemented and that the jurisdictions prosecuting those cases provide adequate resources to ensure compliance with these guidelines

Presentation given by Stephen K. Harper