De-Facto-Life and the Rare Juvenile

Authors

Julie Burke

Publication Date

Spring 2024

Abstract

We have all been young once. We all remember doing stupid things with our friends growing up. Now imagine if one of those decisions caused you to be thrown into prison for the rest of your life. Despite the United States Supreme Court[s decisions that sentencing juveniles to life in most cases is unconstitutional, lower courts are still giving juveniles de-facto-life sentences.

The United States Supreme Court has recognized that children are different from adults in several recent cases. In 2005, Roper v. Simmons, the Court held that it is unconstitutional to sentence a juvenile to death. More pertinent to this paper, the Court said in 2010 in Graham v. Florida and in 2012 in Miller v. Alabama that it is unconstitutional to mandatorily sentence a juvenile to life without parole without considering mitigating factors, such as how children are different from adults. Then in 2016 in Montgomery v. Louisiana, the Court said sentencing authorities must consider not only the factors in Miller, but can only sentence the juvenile to life without parole after consideration of whether the juvenile is the "rare juvenile whose crime reflects irreparable corruption." The Court deemed that life without parole did not provide juveniles with a "meaningful opportunity" for release. De-facto-life sentences are sentences that "exceed the defendant's life expectancy." "Exceeding life expectancy" and "for life" both mean that a juvenile will never have a "meaningful opportunity" to return to society; thus, the sentences are the same.

De-facto-life sentences, like life without parole sentences, go against the parens patriae and earlier philosophies of the juvenile court, which focused on helping children rather than punishing them. These sentences also go against the idea that children are different from adults by giving them an adult sentence. Because de-facto-life sentences are essentially life without parole sentences, Graham and Miller should apply and also make de-facto-life sentences unconstitutional.

Recommended Citation

Burke, Julie (2024) "De-Facto-Life and the Rare Juvenile," Mississippi College Law Review: Vol. 37: Iss. 3, Article 10.
Available at: https://dc.law.mc.edu/lawreview/vol37/iss3/10