The ACLU of Mississippi joined an amicus brief in opposition to a recent Mississippi state court decision that contradicted decisions made by the United States Supreme Court.
Under Supreme Court precedent, life without parole for juvenile offenders violates the Eighth Amendment, with the possibility of “rare” exceptions of youthful offenders who are “permanently incorrigible.” We argued in our amicus brief (filed with other organizations) that unless a sentencing authority holds a hearing and makes an express determination that a particular juvenile offender is “permanently incorrigible,” a life-without-parole sentence is unconstitutional.
The court in a 6-3 decision ruled against our position and held the Eighth Amendment does not require a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole.
The state court found that a juvenile could be sentenced to life in prison without parole without previously being found to be permanently incorrigible, something that the Supreme Court has required to be found before such sentencing.
