Howard Center for Investigative Journalism
Since 2005, the U.S. Supreme Court has accepted adolescent brain science demonstrating that children are different from adults in important ways — ways critical to age-appropriate sentencing. Over 11 years, with four decisions, it has extended its protections for juvenile offenders. It is now considering a fifth case.
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Roper v. Simmons (2005)
5-4 decision
The court rules that juveniles cannot be sentenced to death.
Justice Anthony Kennedy: "The age of 18 is the point where society draws the line for many reasons between childhood and adulthood. It is, we conclude, the age at which the line for death eligibility ought to rest."
Learn more -
Graham v. Florida (2010)
6-3 decision
The court bans the use of life without parole for juveniles not convicted of homicide.
Justice Anthony Kennedy: "A state need not guarantee the offender eventual release, but if it imposes the sentence of life, it must provide him or her with some realistic opportunity to obtain release before the end of that term."
Learn more -
Miller v. Alabama (2012)
5-4 decision
The court rules that sentencing juveniles to life without parole violates the Eighth Amendment, constituting cruel and unusual punishment.
Justice Elena Kagan: "Mandatory life without parole for a juvenile precludes consideration of his chronological age and its hallmark features — among them, immaturity, impetuosity, and failure to appreciate risks and consequences. It prevents taking into account the family and home environment that surrounds him — and from which he cannot usually extricate himself — no matter how brutal or dysfunctional."
Learn more -
Montgomery v. Louisiana (2016)
6-3 decision
The court rules that the Miller must apply retroactively.
Justice Anthony Kennedy:"Prisoners like Montgomery, must be given the opportunity to show their crime did not reflect irreparable corruption; and, if it did not, their hope for some years of life outside prison walls must be restored."
Learn more -
Mathena v. Malvo (2019)
Decision pending
On October 16, 2019 the court heard the case of Washington sniper, Lee Malvo, a juvenile sentenced to life without parole.
The state of Virginia argued that Malvo, a juvenile, could be sentenced to life without parole. It maintained that the judge in the case had the opportunity to decide Malvo’s fitness for a lesser penalty. Malvo is facing multiple charges and is unlikely to be released, but the case has implications for other juvenile lifers. A decision is pending.
Learn more
Roper v. Simmons (2005)
5-4 decision
The court rules that juveniles cannot be sentenced to death.
Justice Anthony Kennedy: "The age of 18 is the point where society draws the line for many reasons between childhood and adulthood. It is, we conclude, the age at which the line for death eligibility ought to rest."
Learn more
Graham v. Florida (2010)
6-3 decision
The court bans the use of life without parole for juveniles not convicted of homicide.
Justice Anthony Kennedy: "A state need not guarantee the offender eventual release, but if it imposes the sentence of life, it must provide him or her with some realistic opportunity to obtain release before the end of that term."
Learn more
Miller v. Alabama (2012)
5-4 decision
The court rules that sentencing juveniles to life without parole violates the Eighth Amendment, constituting cruel and unusual punishment.
Justice Elena Kagan: "Mandatory life without parole for a juvenile precludes consideration of his chronological age and its hallmark features — among them, immaturity, impetuosity, and failure to appreciate risks and consequences. It prevents taking into account the family and home environment that surrounds him — and from which he cannot usually extricate himself — no matter how brutal or dysfunctional."
Learn more
Montgomery v. Louisiana (2016)
6-3 decision
The court rules that the Miller must apply retroactively.
Justice Anthony Kennedy:"Prisoners like Montgomery, must be given the opportunity to show their crime did not reflect irreparable corruption; and, if it did not, their hope for some years of life outside prison walls must be restored."
Learn more
Mathena v. Malvo (2019)
Decision pending
On October 16, 2019 the court heard the case of Washington sniper, Lee Malvo, a juvenile sentenced to life without parole.
On October 16, 2019 the court heard the case of Washington sniper, Lee Malvo, a juvenile sentenced to life without parole.
The state of Virginia argued that Malvo, a juvenile, could be sentenced to life without parole. It maintained that the judge in the case had the opportunity to decide Malvo’s fitness for a lesser penalty. Malvo is facing multiple charges and is unlikely to be released, but the case has implications for other juvenile lifers. A decision is pending.
Learn more
READ MORE: Pennsylvania’s about-face
READ MORE: Parole in the hands of governors
READ MORE: Michigan and Florida go different routes
About This Project
This work is a collaboration among the University of Maryland's Howard Center for Investigative Journalism and Capital News Service and the PBS NewsHour.
Credits
Web design and development: Camila Velloso
Reporting and writing: Athiyah Azeem, Victoria Daniels, Hannah Gaskill, Dominique Janifer, Lynsey Jeffery, Jamie Kerner, Lauren Perry, Sara Salimi, Delon Thornton, Emily Top and Camila Velloso
Data analysis: Riin Aljas, Hannah Gaskill and Camila Velloso
Video: Athiyah Azeem, Hannah Gaskill, Dominique Janifer, Lynsey Jeffery, Jamie Kerner, Lauren Perry, Sara Salimi, Delon Thornton, Emily Top and Camila Velloso
Graphics: Hannah Gaskill, Ally Tobler and Camila Velloso
Project editors: Kathy Best, Tom Bettag, Karen Denny, Marty Kaiser, Adam Marton and Sean Mussenden
Audience engagement: Alex Pyles
Top photo: Heather Kim, Capital News Service
Funders
Support for this project comes from generous grants from the Scripps Howard Foundation, the Annie E. Casey Foundation and the University of Maryland’s Philip Merrill College of Journalism.
