Sentencing
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.
This report details the results of the first-ever state-wide Adverse Childhood Experiences (ACEs) survey administered to people currently incarcerated for crimes they committed as children (under eighteen). The trauma measured from ACEs surveys include physical, sexual, and emotional abuse; physical and emotional neglect; separation from parents; mental illness or substance abuse in the home; parent…
From the memorandum opinion: “Two men on lifetime parole claim they face disability discrimination from two federal agencies that supervise them. So these men, William Mathis and Kennedy Davis (together, “the Parolees”), now sue those federal agencies, the U.S. Parole Commission and the Court Services and Offender Supervision Agency, and the heads of those agencies…
The Sentencing Project released an updated snapshot of youth arrest and incarceration rates, revealing that youth arrest rates have declined 80% from 1996 and youth incarceration declined 75% between 2000 and 2022. Despite these shrinking rates, the juvenile legal system is still marked by significant racial and ethnic disparities. Black youth are 4.7 times more…
This research article explores the history of girls prosecuted as adults in courts across the United States. It explores the effects of childhood trauma and victimization on brain and physical development and the connection to involvement in the criminal legal system as children. The article describes the results of a survey of young women who…
From the introduction: “The report begins by examining the racial impact of the Persistent Offender Accountability Act (POAA) through data. The racially disparate application of the Three Strikes Law has been documented since shortly after the law’s passage and has held constant for more than two decades. This report presents the most recent data related…
This report presents the evolution of the second look movement, which started with ensuring compliance with the U.S. Supreme Court’s decisions in Graham v. Florida (2010) and Miller v. Alabama (2012) on the constitutionality of juvenile life without parole (“JLWOP”) sentences.12 This reform has more recently expanded to other types of sentences and populations, such…
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…
From the introduction: “Although racial discrimination in the Deep South is not the outright focus of this Note—many other scholars have tackled this subject—it remains an underlying ugly truth that is woven into the conversation throughout. Rather than illuminate an already expansive area of jurisprudence, the Author has sought to address racial disparities in sentencing…
From the preliminary statement: “This case, brought by a class of people who are or will be on parole or supervised release in Washington, D.C., challenges the failure of the federal government’s post-conviction supervision system to accommodate individuals with disabilities as required by federal law.”
