8th Amendment
From the conclusion: “For the reasons discussed, Miller and its progeny have rendered Eads’s term-of-years sentence invalid under both the Michigan Constitution and our state’s proportionality requirement. He is entitled to be resentenced in a manner that comports with this jurisprudence and duly accounts for his youth and its attendant characteristics at the time he…
In this amicus brief (and a companion brief filed in Michigan v. Andrew Czarnecki), Fair and Just Prosecution urges the Michigan Supreme Court to extend 19- and 20-year olds its finding that life without parole sentences for young people violate state and federal constitutional protections against cruel and unusual punishment.
The evidence provided in this brief supports bold reforms for youth and emerging adults sentenced to extreme punishments.
A concentration of a few states has unevenly complied with Miller and the possibility of resentencing provided by Montgomery. Some states have refused to comply at all. This uneven implementation of the Miller decision has a particularly profound impact on racial disparities among those serving JLWOP. An analysis of those deemed worth protecting from JLWOP…
This document is updated regularly to include the latest case law from across the country discussing racial justice issues.
This article makes the argument against the imposition of life without parole for young people who commit felony murder using an adolescent development framework. The author analyzes existing case law to outline that, just as the U.S. Supreme Court found the death penalty inappropriate for felony murder and relied on adolescent brain development research in…
From the introduction: “The goal of the Kansas juvenile legal system is ‘to promote public safety, hold juvenile offenders accountable for their behavior and improve their ability to live more productively and responsibly in their community.’ Evidence shows that juvenile fees and fines do the opposite. This report outlines the ways in which fees and…
