High court could halt move toward leniency for kids who kill

Courts and the Judiciary

The Supreme Court on Tuesday suggested it could halt what has been a gradual move toward more leniency for children who are convicted of murder. In cases over more than a decade, the court has concluded that children should be treated differently from adults, in part because of their lack of maturity. But the court, which has become more conservative over the last few years, could decide not to go any further.

The justices on Tuesday were hearing a case about sentencing juveniles to life without parole. The court has previously said that should be rare, and the question before the justices has to do with what courts must do before deciding to impose a life without parole sentence on a juvenile. During arguments, which the justices heard by phone because of the coronavirus pandemic, Justice Samuel Alito suggested the court has gone too far. “What would you say to any members of this court who are concerned that we have now gotten light years away from the original meaning of the Eighth Amendment and who are reluctant to go any further on this travel into space?” Alito asked at one point, referencing the amendment’s prohibition against “cruel and unusual” punishment.

Justice Clarence Thomas and Justice Neil Gorsuch also indicated they take issue with the court’s most recent case about juvenile life sentences. The case the court was hearing Tuesday is the latest in a series of cases going back to 2005, when the court eliminated the death penalty for juveniles. Five years later, the court barred life-without-parole sentences for juveniles, except in cases where a juvenile has killed someone. Then, in 2012, the justices in a 5-4 decision said juveniles who kill can’t automatically be sentenced to life with no chance of parole. A related decision four years later said those sentences should be reserved “for all but the rarest of juvenile offenders, those whose crimes reflect permanent incorrigibility.”

The justices are now being asked whether a juvenile has to be found to be “permanently incorrigible,” incapable of being rehabilitated, before being sentenced to life without parole. But the court has changed significantly in recent years. More conservative justices have replaced Justice Ruth Bader Ginsburg and Justice Anthony Kennedy, whose votes were key to the 2012 decision.

The specific case before the justices involves Mississippi inmate Brett Jones, who was 15 and living with his grandparents when he fatally stabbed his grandfather. The two had a fight in the home’s kitchen after Bertis Jones found his grandson’s girlfriend in his grandson’s bedroom. Brett Jones, who was using a knife to make a sandwich before the fight, stabbed his grandfather first with that knife and then, when it broke, with a different knife. He was convicted and sentenced to life in prison without the possibility of parole.

Jones, who is now 31, says he is not “permanently incorrigible” and should therefore be eligible for parole. Mississippi says the Eighth Amendment doesn’t require that Jones be found to be permanently incorrigible to receive a life-without-parole sentence, just that Jones’ youth when he committed his crime be considered. The case is Jones v. Mississippi, 18-1259.

Related listings

  • Supreme Court issues flurry of last-minute election orders

    Supreme Court issues flurry of last-minute election orders

    Courts and the Judiciary 10/31/2020

    North Carolina, yes. Pennsylvania, yes. Wisconsin, no. That’s how the Supreme Court has answered questions in recent days about an extended timeline for receiving and counting ballots in those states. In each case, Democrats backed the extensio...

  • Senate Judiciary sets vote on Barrett, Dems decry ‘sham’

    Senate Judiciary sets vote on Barrett, Dems decry ‘sham’

    Courts and the Judiciary 10/17/2020

    The Senate Judiciary Committee set Oct. 22 for its vote to advance Judge Amy Coney Barrett for the Supreme Court on Thursday as Democrats threw pointed objections but were unable to stop the Republicans’ drive to confirm President Donald Trump&...

  • High court nominee served as ‘handmaid’ in religious group

    High court nominee served as ‘handmaid’ in religious group

    Courts and the Judiciary 10/09/2020

    Supreme Court nominee Amy Coney Barrett served as a “handmaid,” the term then used for high-ranking female leaders in the People of Praise religious community, an old directory for the group’s members shows.Barrett has thus far refu...

New York Commercial Litigation Law Firm - Woods Lonergan PLLC

Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.