U.S. Supreme Court, Jones v. Mississippi (2021): Life without parole (= dying in prison) for juveniles
Dark prospects for the #RightToHope in this court with only three liberals left (for decades to come...?): Sotomayor, J. with whom Kagan and Breyer, JJ. join, dissenting. 1/14
(From a European perspective the whole concept of "irreparable corruption" seems incompatible with human dignity. And dignity (or at least the rule of law) always demands the possibility of parole. But some restrictions were at least closer to human rights than none.) 2/
Sotomayor calls out an attempt of stealth overruling:
"[T]he Court attempts to circumvent stare decisis principles by claiming that “[t]he Court’s decision today carefully follows both Miller and Montgomery.”... The Court is fooling no one." 3/
As Sotomayor's quotes show, the Court used to be on the right trajectory:
"[I]ncorrigibility is inconsistent with youth."; Graham, 560 U.S., at 73 (2010).
Life imprisonment without parole is "the “denial of hope” itself" (Miller, 567 U.S., at 475 [2012], quoting Graham. 4/
"Today, the Court distorts Miller and Montgomery beyond recognition." 5/
"[T]he Court simply rewrites Miller and Montgomery to say what the Court now wishes they had said, and then denies that it has done any such thing." "It admits as much." 6/
"[S]entencers should hold this Court to its word: Miller and Montgomery are still good law. See ante, at 19 (“Today’s decision does not overrule Miller or Montgomery”). Sentencers are thus bound to continue applying those decisions faithfully." 7/
"[M]any aspects of Jones’ crime seem to epitomize “unfortunate yet transient immaturity." 8/
"Jones' grandmother" (the widow of the grandfather whom he had killed) "submitted an amicus brief to this Court. She remains “steadfast in her belief that Brett is not and never was irreparably corrupt.”" 9/
"Jones and other juvenile offenders like him seek only the possibility of parole. Not the certainty of release, but the opportunity, at some point in their lives, to show a parole board all they have done to rehabilitate themselves and to ask for a second chance." 10/
"Today, Jones is 31. His time spent in prison has now eclipsed the childhood he had outside of it." 11/
"Jones should know that, despite the Court’s decision today, what he does in life matters. So, too, do the efforts of the almost 1,500 other juvenile offenders like Jones who are serving LWOP sentences." 12/
On the right to hope see also Carter / @Rachel_E_Lopez / Songster, Redeeming Justice:
13/
... 14/14/
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