Jones v. Mississippi
- Case No.: 18-1259
- Jurisdiction: United States Supreme Court
- Topics: Life Without Parole, Miller v. Alabama, Juvenile Sentencing, Eighth Amendment, Sentencing and Punishment, Montgomery v. Louisiana
Documents
Prior Decision
Decision below 2018 WL 10700848 (Miss. Nov. 27, 2018)
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.
