de facto JUVENILE LIFE WITHOUT PAROLE (JLWOP) – HOW JUDGES IGNORE THE LAW

In 2012, the U.S. Supreme Court in Miller v. Alabama held that mandatory life without parole sentences for juvenile offenders are unconstitutional.Several years later, the Court in Montgomery v. Louisiana determined Miller must be applied retroactively.However, Montgomery did more than decide the of retroactivityit expanded Miller's holding.The Court ruled that those sentenced as teenagers to mandatory life imprisonment without parole must have a chance to argue that they be released from prison.Following the decision in Montgomery, state courts have split over whether the decision requires additional protections for juveniles facing life without parole.States' statutory schemes and appellate court decisions have allowed for the use of de facto life sentences for juveniles convicted of homicide as well as nonhomicide offenses.This session will posit that Montgomery does in fact mandate additional procedures beyond what many states have implemented.We propose that the time is ripe for courts to determine whether these 'virtual life' terms adhere to the Court's Eighth Amendment prohibition against cruel and unusual punishment.