By Jay Perry
On Monday the Supreme
Court issued a ruling on Miller v.Alabama, a case previous discussed here.
The case involved two fourteen year old defendants who had been
mandatorily sentenced to life without parole after they were convicted of
murder. In a 5-4 decision, the Court
ruled that the imposition of mandatory life without parole for juveniles
violates the 8th Amendment prohibition on “cruel and unusual
punishment”. The decision (and its
announcement) is particularly interesting for two reasons: the dissents were
particularly vigorous and the media coverage surrounding the decision misstated
the holding of the case.
The decision came
complete with three separate dissenting opinions authored by Justices Roberts,
Alito, and Thomas. These dissents
demonstrate that there was strong disagreement among the Justices about this
case. In particular, Justice Alito read
his dissent from the bench, an unusual occurrence that seems to demonstrate
extremely strong disagreement with the majority ruling.
Chief Justice Roberts cited the fact that
there are currently an estimated 2,500 juveniles serving such sentences and
that a majority of states impose such mandatory sentences. Thus, part of his argument is that they are
in no way “unusual”. In the end he
concludes that although there may be moral arguments against mandatory life
sentences, there are not good legal ones and hence it “is not our decision to
make.” This argument for judicial restraint,
which is echoed in all of the dissents, is interesting because it often is used
inconsistently by members of the Court. After
all, it was Chief Justice Roberts who wrote the majority opinion in Citizens United, explicitly overturning
Supreme Court precedent from twenty years earlier.
Also worth highlighting
is the inaccuracy of much of the media coverage regarding the decision. Many of the headlines read that the Supreme
Court had banned life sentences for juveniles (examples here, here, and here). That was not what the Court ruled however,
what they said was unconstitutional was the mandatory imposition of life without parole sentences. States are still free to sentences juveniles
to these sentences but must take into account their age and circumstances
before doing so. Many of the news
accounts mention this in the body of the article which begs the question of why
the inaccurate headlines? It is just
sloppy reporting or an attempt to oversimplify what happened? It is important with the Supreme Court so
prominent recently in public discourse that coverage of their decisions is
accurate.
As to the ruling
itself, it makes good sense. Juveniles
are different from adults, we all understand this. If a juvenile convicted of murder is
mandatorily sentenced, it ensures that their age or mitigating circumstances
are never taken into account during the process. Once prosecutors make the decision to try
them as adults their individualized circumstances are not considered. Under this scheme, juries cannot consider
their age or mitigating circumstances, their focus is on guilt or
innocence. All criminal punishment rests
of a framework of moral reckoning, an understanding that we as a society are
punishing an individual for their morally culpable behavior. Because of circumstances often beyond their control
and which they cannot escape, juveniles can be less morally culpable. When we sentence them, we should consider not
only the terrible crimes they have committed but their entire story, to do less
is dehumanizing.
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