This Amicus Brief, filed by the Juvenile Law Center; Center for Law, Brain, and Behavior, the Sentencing Project; and the Children’s Policy and Law Initiative of Indiana argues that long term-of-year sentences imposed on juveniles are tantamount to life without parole and are therefore unconstitutional. Pages 8-11 discuss the neuroscience behind the development of the prefrontal cortex and explain how brain science shows that adolescents’ long-term planning skills, emotional regulation abilities, impulse control, ability to evaluate risk and reward, and susceptibility to peer pressure are all still developing into a person’s twenties. Pages 12-13 discuss how these characteristics are transient and show that youth with antisocial tendencies, violent behaviors, and impaired empathy often improve significantly in their mid-twenties. Pages 13-15 discuss the connection between trauma and brain development, explaining how youth who are chronically traumatized and left alone often have documented difficulty with emotional regulation traceable to inhibited brain development. The research relied on in this amicus brief could be useful to defenders representing anyone under the age of twenty-five to argue for mitigation in sentencing.
Amicus Brief arguing that a 100-year aggregate life sentence of a juvenile is unconstitutional
File Type: pdf
File Size: 253 KB
Categories: Age, Eighth Amendment, Sentencing, Theories of Punishment