miller alabama argued march decided june cases convicted murder sentenced mandatory term life imprisonment without possibility parole petitioner jackson accompanied two boys video store commit robbery way store learned one boys carrying shotgun jackson stayed outside store robbery entered one shot killed store clerk arkansas charged jackson adult capital felony murder aggravated robbery jury convicted crimes trial imposed statutorily mandated sentence life imprisonment without possibility parole jackson filed state habeas petition arguing mandatory term violates eighth amendment disagreeing granted state motion dismiss arkansas affirmed petitioner miller along friend beat miller neighbor set fire trailer evening drinking drug use neighbor died miller initially charged juvenile case removed adult charged murder course arson jury found miller guilty trial imposed statutorily mandated punishment life without parole alabama criminal appeals affirmed holding miller sentence overly harsh compared crime mandatory nature permissible eighth amendment held eighth amendment forbids sentencing scheme mandates life prison without possibility parole juvenile homicide offenders pp eighth amendment prohibition cruel unusual punishment guarantees individuals right subjected excessive sanctions roper simmons right flows basic justice punishment crime graduated offender offense ibid two strands precedent reflecting concern proportionate punishment come together first adopted categorical bans sentencing practices based mismatches culpability class offenders severity penalty see kennedy louisiana several cases group specially focused juvenile offenders lesser culpability thus roper simmons held eighth amendment bars capital punishment children graham florida concluded amendment prohibits sentence life without possibility parole juvenile convicted nonhomicide offense graham likened life without parole juveniles death penalty thereby evoking second line cases decisions required sentencing authorities consider characteristics defendant details offense sentencing death see woodson north carolina plurality opinion confluence two lines precedent leads conclusion mandatory life without parole juveniles violates eighth amendment first set cases roper graham establish children constitutionally different adults sentencing purposes sense lead recklessness impulsivity heedless roper vulnerable negative influences outside pressures including family peers limited contro environment lack ability extricate horrific settings ibid child character well formed adult traits less fixed actions less likely evidence irretrievabl deprav ity roper graham emphasized distinctive attributes youth diminish penological justifications imposing harshest sentences juvenile offenders even commit terrible crimes graham flat ban life without parole nonhomicide crimes nothing graham said children thus reasoning implicates sentence juvenile even categorical bar relates nonhomicide offenses fundamentally graham insists youth matters determining appropriateness lifetime incarceration without possibility parole mandatory penalty schemes issue however prevent sentencer considering youth assessing whether law harshest term imprisonment proportionately punishes juvenile offender contravenes graham also roper foundational principle imposition state severe penalties juvenile offenders proceed though children graham also likened sentences juveniles death penalty decision recognized sentences share characteristics death sentences shared sentences treated life without parole juveniles like cases treat death penalty imposing categorical bar imposition nonhomicide offenses likening sentences juveniles death penalty graham makes relevant cases demanding individualized sentencing capital cases particular cases emphasized sentencers must able consider mitigating qualities youth light graham reasoning decisions also show flaws imposing mandatory sentences juvenile homicide offenders pp counterarguments alabama arkansas unpersuasive pp first contend harmelin michigan forecloses holding mandatory sentences juveniles violate eighth amendment harmelin declined extend individualized sentencing requirement noncapital cases qualitative difference death penalties kennedy concurring part concurring judgment harmelin nothing children purport apply juvenile offenders indeed since harmelin held multiple occasions sentencing practices permissible adults may children see roper graham next contend mandatory terms juveniles unconstitutional jurisdictions impose least children convicted murder considering categorical bars death penalty life without parole asks part analysis whether legislative enactments actual sentencing practices show national consensus sentence particular class offenders categorically bar penalty instead requires sentencer follow certain process scrutinized relied legislative enactments way see sumner schuman event objective indicia society standards graham offer distinguish cases others holding sentencing practice violates eighth amendment fewer impose mandatory sentences juvenile homicide offenders authorized penalty nonhomicide offenders invalidated graham graham thompson oklahoma explain simply counting legislative enactments present distorted view cases relevant penalty applied juveniles based two separate provisions one allowed transfer certain juvenile offenders adult another set penalties individuals tried circumstances reasoned impossible say whether legislature endorsed given penalty children presented choice true pp next argue courts prosecutors sufficiently consider juvenile defendant age well background circumstances crime deciding whether try adult argument ignores many use mandatory transfer systems addition lodge decision hands prosecutors rather courts even judges discretion limited utility decisionmaker typically partial information child circumstances offense finally limited sentencing options juvenile courts transfer decision may present choice light sentence juvenile standard sentencing adult substitute discretion sentencing pp ark reversed remanded kagan delivered opinion kennedy ginsburg breyer sotomayor joined breyer filed concurring opinion sotomayor joined roberts filed dissenting opinion scalia thomas alito joined thomas filed dissenting opinion scalia joined alito filed dissenting opinion scalia joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press nos writ certiorari criminal appeals alabama writ certiorari arkansas june justice kagan delivered opinion two offenders cases convicted murder sentenced life imprisonment without possibility parole neither case sentencing authority discretion impose different punishment state law mandated juvenile die prison even judge jury thought youth attendant characteristics along nature crime made lesser sentence example life possibility parole appropriate scheme prevents meting punishment considering juvenile lessened culpability greater capacity change graham florida slip runs afoul cases requirement individualized sentencing defendants facing serious penalties therefore hold mandatory life without parole age time crimes violates eighth amendment prohibition cruel unusual punishments november petitioner kuntrell jackson years old two boys decided rob video store en route store jackson learned one boys derrick shields carrying shotgun coat sleeve jackson decided stay outside two boys entered store inside shields pointed gun store clerk laurie troup demanded give money jackson state ark internal quotation marks omitted troup refused moments later jackson went store find shields continuing demand money trial parties disputed whether jackson warned troup ai playin instead told friends thought playin internal quotation marks omitted troup threatened call police shields shot killed three boys fled see arkansas law gives prosecutors discretion charge adults alleged committed certain serious offenses see ark code ann prosecutor exercised authority charging jackson capital felony murder aggravated robbery jackson moved transfer case juvenile considering alleged facts crime psychiatrist examination jackson juvenile arrest history shoplifting several incidents car theft trial denied motion appellate affirmed see jackson state wl ark jury later convicted jackson crimes noting view verdict one possible punishment judge sentenced jackson life without parole app hereinafter jackson app see ark code ann defendant convicted capital murder treason shall sentenced death life imprisonment without parole jackson challenge sentence appeal arkansas affirmed convictions see ark following roper simmons invalidated death penalty juvenile offenders age jackson filed state petition habeas corpus argued based roper reasoning mandatory sentence life without parole also violates eighth amendment circuit rejected argument granted state motion dismiss see jackson app ruling appeal held graham florida life without parole violates eighth amendment imposed juvenile nonhomicide offenders parties filed briefs addressing decision arkansas affirmed dismissal jackson petition see jackson norris ark majority found roper graham narrowly tailored contexts cases involving juvenile cases nonhomicide offenses involving juvenile two justices dissented noted jackson shooter evidence intent kill severely lacking danielson dissenting argued jackson mandatory sentence ran afoul graham admonition offender age relevant eighth amendment criminal procedure laws fail take defendants youthfulness account flawed quoting graham slip like jackson petitioner evan miller years old time crime miller foster care mother suffered alcoholism drug addiction stepfather abused miller regularly used drugs alcohol attempted suicide four times first six years old see state crim app cobb concurring result app pp hereinafter miller one night miller home friend colby smith neighbor cole cannon came make drug deal miller mother see record two boys followed cannon back trailer three smoked marijuana played drinking games cannon passed miller stole wallet splitting smith miller tried put wallet back cannon pocket cannon awoke grabbed miller throat smith hit cannon nearby baseball bat released miller grabbed bat repeatedly struck cannon miller placed sheet cannon head told god come take life delivered one blow miller state crim app boys retreated miller trailer soon decided return cannon cover evidence crime lit two fires cannon eventually died injuries smoke inhalation see alabama law required miller initially charged juvenile allowed district attorney seek removal case adult see code juvenile agreed transfer hearing citing nature crime miller mental maturity prior juvenile offenses truancy criminal mischief alabama criminal appeals affirmed state pp unpublished memorandum state accordingly charged miller adult murder course arson crime like capital murder arkansas carries mandatory minimum punishment life without parole see code relying significant part testimony smith pleaded lesser offense jury found miller guilty therefore sentenced life without possibility parole alabama criminal appeals affirmed ruling life without parole overly harsh compared crime mandatory nature sentencing scheme permissible eighth amendment see alabama denied review granted certiorari cases see reverse ii eighth amendment prohibition cruel unusual punishment guarantees individuals right subjected excessive sanctions roper right explained flows basic justice punishment crime graduated offender offense ibid quoting weems noted last time considered sentences imposed juveniles concept proportionality central eighth amendment graham slip view concept less historical prism according evolving standards decency mark progress maturing society estelle gamble quoting trop dulles plurality opinion cases us implicate two strands precedent reflecting concern proportionate punishment first adopted categorical bans sentencing practices based mismatches culpability class offenders severity penalty see graham slip listing cases example held imposing death penalty nonhomicide crimes individuals imposing mentally retarded defendants violates eighth amendment see kennedy louisiana atkins virginia several cases group specially focused juvenile offenders lesser culpability thus roper held eighth amendment bars capital punishment children graham concluded amendment also prohibits sentence life without possibility parole child committed nonhomicide offense graham likened life without parole juveniles death penalty thereby evoking second line precedents cases prohibited mandatory imposition capital punishment requiring sentencing authorities consider characteristics defendant details offense sentencing death see woodson north carolina plurality opinion lockett ohio confluence two lines precedent leads conclusion mandatory sentences juveniles violate eighth start first set cases roper graham establish children constitutionally different adults purposes sentencing juveniles diminished culpability greater prospects reform explained less deserving severe punishments graham slip cases relied three significant gaps juveniles adults first children maturity underdeveloped sense responsibility leading recklessness impulsivity heedless roper second children vulnerable negative influences outside pressures including family peers limited contro environment lack ability extricate horrific settings ibid third child character well formed adult traits less fixed actions less likely evidence irretrievabl deprav ity decisions rested common sense parent knows science social science well roper cited studies showing nly relatively small proportion engage illegal activity entrenched patterns problem behavior quoting steinberg scott less guilty reason adolescence developmental immaturity diminished responsibility juvenile death penalty psychologist graham noted developments psychology brain science continue show fundamental differences juvenile adult minds example parts brain involved behavior control slip reasoned findings transient rashness proclivity risk inability assess consequences lessened child moral culpability enhanced prospect years go neurological development occurs reformed slip quoting roper roper graham emphasized distinctive attributes youth diminish penological justifications imposing harshest sentences juvenile offenders even commit terrible crimes heart retribution relates offender blameworthiness case retribution strong minor adult graham slip quoting tison arizona roper deterrence work context characteristics render juveniles less culpable immaturity recklessness impetuosity make less likely consider potential punishment graham slip quoting roper similarly incapacitation support sentence graham deciding juvenile offender forever danger society require mak ing judgment incorrigible inconsistent youth slip quoting workman commonwealth app reason rehabilitation justify sentence life without parole forswears altogether rehabilitative ideal graham slip reflects irrevocable judgment offender value place society odds child capacity change ibid graham concluded analysis sentences like capital punishment may violate eighth amendment imposed children sure graham flat ban life without parole applied nonhomicide crimes took care distinguish offenses murder based moral culpability consequential harm see slip none said children distinctive transitory mental traits environmental vulnerabilities features evident way degree cases botched robbery turns killing graham reasoning implicates sentence imposed juvenile even categorical bar relates nonhomicide offenses fundamentally graham insists youth matters determining appropriateness lifetime incarceration without possibility parole circumstances juvenile status precluded sentence even though adult receive similar crime contexts well characteristics youth way weaken rationales punishment render sentence disproportionate cf slip generally doubting penological justifications imposing life without parole juveniles offender age made clear graham relevant eighth amendment criminal procedure laws fail take defendants youthfulness account flawed slip chief justice concurring judgment made similar point although rejecting categorical bar sentences juveniles acknowledged roper conclusion juveniles typically less culpable adults accordingly wrote offender juvenile status play central role considering sentence proportionality slip see slip graham youth one factor among others considered deciding whether punishment unconstitutionally excessive mandatory penalty schemes issue prevent sentencer taking account central considerations removing youth subjecting juvenile sentence applicable adult laws prohibit sentencing authority assessing whether law harshest term imprisonment proportionately punishes juvenile offender contravenes graham also roper foundational principle imposition state severe penalties juvenile offenders proceed though children graham makes plain mandatory schemes defects another way likening sentences imposed juveniles death penalty terms wrote share characteristics death sentences shared sentences slip imprisoning offender dies alters remainder life forfeiture irrevocable ibid citing solem helm lengthiest possible incarceration especially harsh punishment juvenile almost inevitably serve years greater percentage life prison adult offender graham slip penalty imposed teenager compared older person therefore name slip suggested distinctive set legal rules part viewed ultimate penalty juveniles akin death penalty treated similarly severe punishment imposed categorical ban sentence use way unprecedented term imprisonment see slip thomas dissenting slip first time history declares entire class offenders immune noncapital sentence using categorical approach previously reserved death penalty cases alone bar adopted mirrored proscription first established death penalty context punishment imposed nonhomicide crimes individuals see kennedy coker georgia correspondence graham reat ment juvenile life sentences analogous capital punishment roberts concurring judgment slip makes relevant second line precedents demanding individualized sentencing imposing death penalty woodson held statute mandating death sentence murder violated eighth amendment thought mandatory scheme flawed gave significance character record individual offender circumstances offense exclud ed consideration possibility compassionate mitigating factors subsequent decisions elaborated requirement capital defendants opportunity advance judge jury chance assess mitigating factors death penalty reserved culpable defendants committing serious offenses see sumner shuman eddings oklahoma lockett plurality opinion special pertinence insisted rulings sentencer ability consider mitigating qualities youth johnson texas everything said roper graham stage life also appears decisions observed youth chronological fact eddings time immaturity irresponsibility impetuousness recklessness johnson moment condition life person may susceptible influence psychological damage eddings signature qualities transient johnson eddings especially point shot police officer killed invalidated death sentence judge consider evidence neglectful violent family background including mother drug abuse father physical abuse emotional disturbance found evidence particularly relevant case adult offender held ust chronological age minor relevant mitigating factor great weight must background mental emotional development youthful defendant duly considered assessing culpability light graham reasoning decisions show flaws imposing mandatory sentences juvenile homicide offenders mandatory penalties nature preclude sentencer taking account offender age wealth characteristics circumstances attendant schemes every juvenile receive sentence every shooter accomplice child stable household child chaotic abusive one still worse juvenile including two receive sentence vast majority adults committing similar homicide offenses really graham noted greater sentence adults meting death penalty elision differences strictly forbidden graham indicates similar rule apply juvenile confronts sentence life death prison graham roper individualized sentencing cases alike teach imposing state harshest penalties sentencer misses much treats every child adult recap mandatory life without parole juvenile precludes consideration chronological age hallmark features among immaturity impetuosity failure appreciate risks consequences prevents taking account family home environment surrounds usually extricate matter brutal dysfunctional neglects circumstances homicide offense including extent participation conduct way familial peer pressures may affected indeed ignores might charged convicted lesser offense incompetencies associated youth example inability deal police officers prosecutors including plea agreement incapacity assist attorneys see graham slip features distinguish juveniles adults also put significant disadvantage criminal proceedings north carolina slip discussing children responses interrogation finally mandatory punishment disregards possibility rehabilitation even circumstances suggest cases us illustrate problem take jackson first noted earlier jackson fire bullet killed laurie troup state argue intended death jackson conviction instead based theory appellate affirmed verdict jury believed jackson entered store warned troup ai playin rather told friends thought playin see supra sure jackson learned way video store friend shields carrying gun age well affected calculation risk posed well willingness walk away point circumstances go jackson culpability offense see graham slip hen compared adult murderer juvenile offender kill intend kill twice diminished moral culpability jackson family background immersion violence mother grandmother previously shot individuals see record pp least sentencer look facts depriving prospect release prison true also miller case one doubt smith committed vicious murder high drugs alcohol consumed adult victim ever pathological background might contributed commission crime miller stepfather physically abused alcoholic mother neglected foster care result tried kill four times first kindergarten see cobb concurring result miller app supra nonetheless miller past criminal history limited two instances truancy one criminal mischief unpublished memorandum miller deserved severe punishment killing cole cannon beyond question sentencer needed examine circumstances concluding life without possibility parole appropriate penalty therefore hold eighth amendment forbids sentencing scheme mandates life prison without possibility parole juvenile offenders cf graham slip state required guarantee eventual freedom must provide meaningful opportunity obtain release based demonstrated maturity rehabilitation making youth accompanies irrelevant imposition harshest prison sentence scheme poses great risk disproportionate punishment holding sufficient decide cases consider jackson miller alternative argument eighth amendment requires categorical bar life without parole juveniles least younger given said roper graham decision children diminished culpability heightened capacity change think appropriate occasions sentencing juveniles harshest possible penalty uncommon especially great difficulty noted roper graham distinguishing early age juvenile offender whose crime reflects unfortunate yet transient immaturity rare juvenile offender whose crime reflects irreparable corruption roper graham slip although foreclose sentencer ability make judgment homicide cases require take account children different differences counsel irrevocably sentencing lifetime iii alabama arkansas offer two kinds arguments requiring individualized consideration sentencing juvenile life imprisonment without possibility parole along dissents first contend rule adopt conflicts aspects eighth amendment caselaw next assert rule unnecessary individualized circumstances come play deciding whether try juvenile offender adult think wrong counts along justice thomas first claim harmelin michigan precludes holding defendant harmelin sentenced mandatory term possessing grams cocaine upheld penalty reasoning sentence otherwise cruel unusual becom simply recognized different rule requiring individualized sentencing applied death penalty context refused extend command noncapital cases qualitative difference death penalties ibid see kennedy concurring part concurring judgment according alabama invalidating mandatory imposition terms juveniles effectively overrule harmelin brief respondent hereinafter alabama brief see arkansas brief think argument myopic harmelin nothing children purport apply holding sentencing juvenile offenders held multiple occasions sentencing rule permissible adults may children capital punishment decisions hold generally comports eighth amendment except imposed children see roper thompson life without parole permissible nonhomicide offenses except children see graham slip sentencing decisions oddity law contrary ur history replete laws judicial recognition children viewed simply miniature adults slip quoting eddings citing examples criminal property contract tort law harmelin recognized death different children different indeed odd legal rule form exception children context surprise law relating society harshest punishments recognizes distinction cf graham roberts concurring judgment slip graham age places significantly different category defendan harmelin ruling thus neither overrules undermines conflicts harmelin alabama arkansas along chief tice justice alito next contend many impose mandatory sentences juveniles may hold practice unconstitutional considering categorical bars death penalty life without parole ask part analysis whether indicia society standards expressed legislative enactments state practice show national consensus sentence particular class offenders graham slip quoting roper count jurisdictions federal government make term mandatory juveniles convicted murder adult argue number precludes holding agree indeed think argument score weaker one rejected graham starters cases different typical one tallied legislative enactments decision categorically bar penalty class offenders type crime example roper graham instead mandates sentencer follow certain process considering offender youth attendant characteristics imposing particular penalty requiring decision flows straightforwardly precedents specifically principle roper graham individualized sentencing cases youth matters purposes meting law serious punishments circumstances obtained past scrutinized relied way legislative enactments see sumner shuman relying woodson logic prohibit mandatory death penalty murderers already serving life without parole lockett plurality opinion applying woodson require judges juries consider mitigating evidence eddings similar see difference event objective indicia offer distinguish cases others holding sentencing practice violates eighth amendment graham prohibited terms juveniles committing nonhomicide offenses even though jurisdictions permitted sentence see slip impose life without parole juveniles mandatory atkins roper thompson similarly banned death penalty circumstances less half permit ted capital punishment issue exist ed previously chosen atkins scalia dissenting emphasis deleted see majority opinion roper thompson plurality opinion breaking new ground graham thompson provide special guidance considered kind statutes explained simply counting present distorted view jurisdictions authorized death penalty life without parole juveniles combination two independent statutory provisions one allowed transfer certain juvenile offenders adult another often part code set penalties individuals tried reasoned circumstances impossible say whether legislature endorsed given penalty children presented choice thompson found statutes old us consider old enough tried criminal serious crimes old dealt effectively juvenile old us nothing judgment made regarding appropriate punishment youthful offenders plurality opinion emphasis deleted see also concurring judgment roper dissenting graham echoed reasoning although confluence state laws de life without parole possible juvenile nonhomicide offenders justify judgment many actually intended subject offenders sentences slip true almost jurisdictions allow juveniles tried adult kinds homicide see dept justice snyder sickmund juvenile offenders victims national report hereinafter national report separate penalty provisions juvenile offenders jurisdictions mandating life without parole children half virtue generally applicable penalty provisions imposing sentence without regard indeed set minimum age may transferred adult first instance thus applying mandates children age graham think underscores statutory eligibility juvenile offender life without parole indicate penalty endorsed deliberate express full legislative consideration slip alabama arkansas count including possibly probably inadvertent legislative outcomes preclude determination mandatory life without parole juveniles violates eighth amendment presence discretion jurisdictions transfer statutes aid alabama arkansas initially ignore many use mandatory transfer systems juvenile certain age committed specified offense tried adult regardless individualized circumstances relevant jurisdictions half place least juvenile homicide offenders adult automatically apparent opportunity seek transfer juvenile moreover several times lodge decision exclusively hands prosecutors statutory mechanism judicial prosecutorial discretion laws usually silent regarding standards protocols appropriate considerations decisionmaking dept justice office juvenile justice delinquency prevention griffin addie adams firestine trying juveniles adults analysis state transfer laws reporting even give discretion judges limited utility first decisionmaker typically partial information early pretrial stage either child circumstances offense miller case provides example noted earlier see supra juvenile denied miller request expert transfer hearing appeals affirmed ground miller entitled protections services receive trial see unpublished memorandum course expert testimony change sentence whatever said mitigation mandatory prison term kick key moment exercise discretion transfer miller case shows judge often know learn offender offense course proceedings second still important question transfer hearings may differ dramatically issue sentencing many juvenile systems require offender released particular age certain number years transfer decisions often present choice extremes light punishment child standard sentencing adult life without parole many example child convicted juvenile must released custody age see code cum supp see generally national report noting limitations length juvenile sanctions discretionary sentencing adult provide different options judge jury choose rather sentence lifetime prison term possibility parole lengthy term years easy imagine judge deciding minor deserves much harsher sentence receive juvenile still thinking appropriate reason discretion available judge transfer stage substitute discretion sentencing adult satisfy eighth amendment iv graham roper individualized sentencing decisions make clear judge jury must opportunity consider mitigating circumstances imposing harshest possible penalty juveniles requiring children convicted homicide receive lifetime incarceration without possibility parole regardless age characteristics nature crimes mandatory sentencing schemes us violate principle proportionality eighth amendment ban cruel unusual punishment accordingly reverse judgments arkansas alabama criminal appeals remand cases proceedings inconsistent opinion ordered breyer concurring nos writ certiorari criminal appeals alabama writ certiorari arkansas june justice breyer justice sotomayor joins concurring join opinion full add state continues seek sentence life without possibility parole kuntrell jackson determination whether jackson kill ed intend ed kill robbery victim graham florida slip view without finding eighth amendment interpreted graham forbids sentencing jackson sentence regardless whether application mandatory discretionary state law graham said compared adult murderer juvenile offender kill intend kill twice diminished moral culpability ibid emphasis added one thing compared adults juveniles lack maturity underdeveloped sense responsibility vulnerable susceptible negative influences outside pressures including peer pressure characters well formed slip internal quotation marks omitted see also ibid sychology brain science continue show fundamental differences juvenile adult minds making actions less likely evidence depraved character actions adults quoting roper simmons ante another thing graham recognized lack intent normally diminishes moral culpability attaches crime question making intend kill categorically less deserving serious forms punishment murderers slip citing kennedy louisiana enmund florida tison arizona concluded twice diminished moral culpability eighth amendment forbids imposition upon juveniles sentence life without parole nonhomicide cases graham supra slip given graham reasoning kinds homicide subject juvenile offender life without parole must exclude instances juvenile neither kills intends kill victim quite simply juvenile either kills intends kill victim lacks twice diminished responsibility juvenile neither kills intends kill features emphasized graham extenuating apply dissent permit life without parole juveniles commit worst types murder post opinion roberts phrase readily fit culpability one kill intend kill recognize context cases question intent complicated one doctrine traditionally attributes death caused course felony participants intended commit felony regardless whether killed intended kill see lafave substantive criminal law ed rule based idea transferred intent defendant intent commit felony satisfies intent kill required murder see kadish schulhofer streiker criminal law processes ed torcia wharton criminal law ed opinion type transferred intent sufficient satisfy intent murder subject juvenile sentence life without parole initial matter made clear artificially constructed kind intent count intent purposes eighth amendment rely transferred intent determining adult may receive death penalty thus constitution forbids imposing capital punishment upon aider abettor robbery individual intend kill simply car side road waiting help robbers escape enmund supra cf tison supra capital punishment permissible aider abettor kidnaping led death actively involved every aspect kidnaping behavior showed reckless disregard human life given graham holding applies juvenile sentences life without parole fortiori see ante indeed even juveniles meet tison standard reckless disregard may eligible life without parole rather graham dictates clear rule juveniles may constitutionally sentenced life without parole convicted homicide offenses kill intend kill slip moreover regardless law respect adults basis imposing sentence life without parole upon juvenile kill intend kill base theory transferring defendant intent premised idea one engaged dangerous felony understand risk victim felony killed even confederate see lafave supra yet ability consider full consequences course action adjust one conduct accordingly precisely know juveniles lack capacity effectively ante justice frankfurter cautioned legal theories phrasing cases readily lead fallacious reasoning uncritically transferred determination state duty toward children may anderson concurring opinion apply doctrine transferred intent juvenile kill sentence juvenile life without parole involve fallacious reasoning ibid far tell precisely situation present kuntrell jackson case jackson simply went along older boys rob video store way became aware confederate gun initially stayed outside store went briefly saying something like ai thought playin older confederate shot killed store clerk jackson state ark crucially jury found guilty murder statute permitted convict jackson attempted commit committed aggravated robbery course offense accomplice caused clerk death circumstance manifesting extreme indifference value human life ibid see ark code ann ante thus found guilty jackson need kill clerk conceded need intent kill even extreme indifference long one teenage accomplices robbery acted extreme indifference value human life jackson convicted capital murder ibid upshot jackson kill clerk might intended either see jackson norris ark danielson dissenting ny evidence jackson intent kill severely lacking case eighth amendment simply forbids imposition life term without possibility parole remand however finding jackson intend cause clerk death question remains open whether eighth amendment prohibits imposition life without parole upon juvenile circumstances well ante roberts dissenting nos writ certiorari criminal appeals alabama writ certiorari arkansas june chief justice roberts justice scalia justice thomas justice alito join dissenting determining appropriate sentence teenager convicted murder presents grave challenging questions morality social policy role however apply law answer questions pertinent law eighth amendment constitution prohibits cruel unusual punishments today invokes amendment ban punishment characterize unusual plausibly described therefore dissent parties agree nearly prisoners presently serving life sentences without possibility parole murders committed age brief petitioner jackson brief brief respondent alabama brief accepts prisoners received sentence mandated legislature ante recognizes federal government impose mandatory sentences ante put simply convicted deliberately murdering innocent victim unusual murderer receive mandatory sentence life without parole reality preclude finding mandatory life imprisonment juvenile killers violates eighth amendment precedent supports conclusion determining whether punishment cruel unusual typically begins indicia society standards expressed legislative enactments state practice graham florida slip see also kennedy louisiana roper simmons look objective indicia ensure simply following subjective values beliefs gregg georgia joint opinion stewart powell stevens tangible evidence societal standards enables us determine whether consensus given sentencing practice graham supra slip punishment may regarded unusual formally require frequently impose punishment question objective basis conclusion eighth amendment cases also said take guidance evolving standards decency mark progress maturing society ante quoting estelle gamble internal quotation marks omitted mercy toward guilty form decency maturing society may abandon harsh punishments comes view unnecessary unjust decency leniency decent society protects innocent violence mature society may determine requires removing guilty heinous murders midst protection members concrete expression standards decency judges basis deciding progress toward greater decency move direction easing sanctions guilty case little doubt direction society evolution century american sentencing practices emphasized rehabilitation offender availability parole outcry repeat offenders broad disaffection rehabilitative model factors led many legislatures reduce eliminate possibility parole imposing longer sentences order punish criminals prevent committing crimes see alschuler changing purposes criminal punishment chi rev see generally crime public policy wilson petersilia eds statutes establishing life without parole sentences particular became common past quarter century see baze rees stevens concurring judgment parties agree changed laws relatively recently expose teenage murderers mandatory life without parole jackson brief alabama brief attempts avoid import fact many jurisdictions embraced sentencing practice issue comparing case prior eighth amendment cases notes graham found punishment authorized jurisdictions unconstitutional whereas punishment bans today mandated fewer ante graham went considerable lengths show although theoretically allowed many sentence issue case exceedingly rare practice slip explained prisoners entire nation serving life without parole nonhomicide crimes committed juveniles half single state contrasted statistics showing nearly juveniles arrested serious nonhomicide offenses single year based sentence rarity despite many opportunities impose graham concluded national consensus life without parole juvenile nonhomicide crimes slip number mandatory life without parole sentences juvenile murderers relative number juveniles arrested murder times higher corresponding number graham thus nothing case like evidence national consensus disregards numbers claiming prevalence sentence question results number statutes requiring imposition ante true enough sentence issue statutorily mandated life without parole sentence result statutes requiring imposition graham relied low number actual sentences explain high number statutes allowing sentences dispositive excuses high number actual sentences citing high number statutes imposing say sentence may considered unusual many legislatures approve stands precedent also advances another reason discounting laws enacted congress state legislatures jurisdictions impose mandatory life without parole juvenile murderers result two statutes one providing juveniles charged serious crimes may tried adults another generally mandating convicted murder imprisoned life according cases suggest sentence results interaction two statutes legislature considered imposed resulting sentences inadvertent ly ante relies graham thompson oklahoma plurality opinion proposition laws therefore valid evidence society views punishment issue fair question whether ever assume legislature ignorant laws understand two interact especially issue importance one us graham thompson least plausible practical matter graham extreme rarity sentence question imposed suggest legislatures really intend inevitable result laws passed see slip thompson sentencing practice even rarer defendants received last century plurality opinion perhaps facts argued legislature fully aware teenager receive particular sentence question widespread recent imposition sentence makes implausible characterize sentencing practice collateral consequence legislative display usual respect elected officials asserting legislators accidentally required teenagers spend rest lives jail particularly true given decision graham alerted legislatures possibility teenagers subject life parole legislative inadvertence aware effort wake graham correct supposed legislative oversight indeed amending laws response graham one legislature made especially clear intend juveniles commit murder receive mandatory life without parole see iowa code ann west cum supp end actually conclude mandatory life sentences juvenile murderers unusual instead claims precedent leads today decision primarily relying graham roper ante petitioners argue reasoning cases compels finding favor jackson brief apparently unwilling go far asserting precedent points direction today decision invalidates laws dozens legislatures congress easily led result see harris courts must presume act congress constitutional unless lack constitutional authority clearly demonstrated rely eighth amendment text objective evidence society standards analysis precedent alone must bear heavy burden rests attack judgment representatives people gregg unwilling say precedent compels today decision perhaps reconsider decision event holding follow roper graham cases undoubtedly stand proposition teenagers less mature less responsible less fixed ways adults case needed establish stand even suggest legislators also know teenagers different adults may require life without parole juveniles commit worst types murder graham imply today result clearer barring life without parole juvenile nonhomicide offenders graham stated line homicide serious violent offenses individual slip quoting kennedy slip whole point drawing line one issue another say different treated differently words two different categories graham also said defendants kill intend kill foresee life taken categorically less deserving serious forms punishment murderers slip emphasis added course especially clear said one issue apply another one say two issues compared graham said serious nonhomicide crimes compared murder ibid internal quotation marks omitted case expressly puts issue different category subject draws line two two compared fairly said control issue roper provides even less support holding case held death penalty imposed offenses committed juveniles matter serious crimes roper also set different category case expressly invoking special eighth amendment analysis death penalty cases importantly roper reasoned death penalty needed deter juvenile murderers part life imprisonment without possibility parole available classic bait switch tells state legislatures roper promise notwithstanding power guarantee someone commits heinous murder never enough today decision proved justice scalia prescience writing roper reassurance gives little comfort dissenting opinion claim roper actually leads revoking reassurance surely goes far today decision offer roper graham false promises restraint indeed opinion suggests merely way station path judicial displacement legislative role prescribing appropriate punishment crime analysis focuses mandatory nature sentences case see ante although entirely unnecessary rule announces even life without parole sentence mandatory think appropriate occasions sentencing juveniles harshest possible penalty uncommon ante today holding may limited mandatory sentences already announced discretionary life without parole juveniles uncommon use common synonym unusual indeed gratuitous prediction appears nothing invitation overturn life without parole sentences imposed juries trial judges invitation widely accepted sentences juvenile offenders fact become uncommon bootstrapped way declaring eighth amendment absolutely prohibits process discernible end point least none consistent nation legal traditions roper graham attempted limit reasoning circumstances addressed roper death penalty graham nonhomicide crimes cast aside limits offer credible substitute even try tells us none graham said children specific ante principle behind today decision seems juveniles different adults must sentenced differently see ante clear reason principle bar mandatory sentences juveniles juvenile sentence harsh similarly situated adult receive unless confined stopping point analysis never permitting juvenile offenders tried adults learning amendment bars unusual punishments requires abolition uniformly established practice startling indeed great tragedy juvenile commits murder innocent victims also murderer whose life gone wrong early society well lost one members deliberate violence must harshly punish another recent years society moved toward requiring murderer age notwithstanding imprisoned remainder life members may disagree choice perhaps science policy suggest society show greater mercy young killers giving greater chance reform risk kill see ante decision make neither text constitution precedent prohibits legislatures requiring juvenile murderers sentenced life without parole respectfully dissent thomas dissenting nos writ certiorari criminal appeals alabama writ certiorari arkansas june justice thomas justice scalia joins dissenting today holds mandatory life without parole age time crimes violates eighth amendment prohibition unusual punishments ante reach result relies two lines precedent first involves categorical prohibition certain punishments specified classes offenders second requires individualized sentencing capital punishment context neither line consistent original understanding cruel unusual punishments clause compounds errors combining lines precedent extending reach result even less legitimate foundation built upsets legislatively enacted sentencing regimes jurisdictions without constitutional warrant respectfully first relies cases adopt ing categorical bans sentencing practices based mismatches culpability class offenders severity penalty ante categorical proportionality cases places particular emphasis roper simmons graham florida roper held constitution prohibits execution offender time offense roper looked among things sense parental intuition scientific sociological studies conclude offenders age reliability classified among worst offenders graham relied similar considerations conclude constitution prohibits sentence nonhomicide offender age time offense slip concludes mandatory sentences duly convicted juvenile murderers contraven graham also roper foundational principle imposition state severe penalties juvenile offenders proceed though children ante neither roper graham held specific procedural rules required sentencing juvenile homicide offenders logic cases extended create requirement eighth amendment made applicable fourteenth amendment provides excessive bail shall required excessive fines imposed cruel unusual punishments inflicted previously explained cruel unusual punishments clause originally understood prohibiting torturous methods punishment specifically methods akin considered cruel unusual time bill rights adopted graham supra dissenting opinion slip internal quotation marks citations omitted clause contain proportionality principle ewing california thomas concurring judgment see generally harmelin michigan opinion scalia short authorize courts invalidate punishment deem disproportionate severity crime particular class offenders instead clause leaves unavoidably moral question particular nonprohibited method punishment judgment legislatures authorize penalty graham supra thomas dissenting slip legislatures arkansas alabama like jurisdictions ante determined offenders convicted specified homicide offenses whether juveniles deserve sentence life prison without possibility parole nothing constitution authorizes supplant choice ii invalidate mandatory sentences juveniles also relies cases prohibit ing mandatory imposition capital punishment ante reasons graham compared juvenile sentences death penalty distinctive set legal rules imposed capital punishment context including requirement individualized sentencing relevant ante even accepting analogy capital juvenile sentences cases prohibiting mandatory capital sentencing schemes basis original understanding eighth amendment thus justify prohibition sentencing schemes mandate sentences juveniles line cases following furman georgia per curiam prohibited mandatory imposition death penalty see woodson north carolina plurality opinion roberts louisiana sumner shuman furman first announced principle may permit sentencers exercise unguided discretion imposing death penalty see generally response furman many passed new laws made death penalty mandatory following conviction specified crimes thereby eliminating offending discretion see gregg georgia joint opinion stewart powell stevens invalidated statutes woodson roberts sumner reasoned mandatory capital sentencing schemes problematic failed allow particularized consideration relevant facets character record individual offender circumstances particular offense woodson supra plurality opinion view woodson progeny wrongly decided discussed cruel unusual punishments clause originally understood prohibits torturous methods punishment see graham thomas dissenting slip internal quotation marks omitted concerned whether particular lawful method punishment whether capital noncapital imposed pursuant mandatory discretionary sentencing regime see gardner florida rehnquist dissenting prohibition eighth amendment relates character punishment process imposed fact early days republic crime generally defined punishment prescribed specificity legislature grayson capital sentences analogizes treated differently andatory death sentences abounded first penal code common several time founding throughout century harmelin see also woodson supra plurality opinion time eighth amendment adopted uniformly followed practice making death exclusive mandatory sentence certain specified offenses accordingly idea mandatory imposition sentence renders sentence cruel unusual finds support text history eighth amendment harmelin supra moreover mandatory death penalty schemes perfectly reasonable legislative response concerns expressed furman regarding unguided sentencing discretion eliminat ed explicit jury discretion treat ed defendants equally graham collins thomas concurring justice white explained years ago state constitutionally forbidden provide commission certain crimes conclusively establishes criminal character deserves death roberts supra dissenting opinion thus basis concluding mandatory capital sentencing scheme unconstitutional cases requiring individualized sentencing capital context wrongly decided serve valid foundation novel rule regarding mandatory sentences juveniles announces today event already declined extend rule beyond death penalty context harmelin defendant convicted possessing large quantity drugs opinion scalia accordance michigan law sentenced mandatory term life prison without possibility parole ibid citing line death penalty precedents relies today defendant argued sentence due mandatory nature violated cruel unusual punishments clause opinion rejected argument explaining serious contention sentence otherwise cruel unusual becomes simply refused analogize death penalty cases noted cases repeatedly suggested comparable requirement outside capital context qualitative difference death penalties ibid observed even difference sentence life without parole sentences imprisonment greatest sentence compared death therefore concluded line cases requiring individualized sentencing drawn capital cases basis extending ibid harmelin reasoning logically extends cases obviously younger defendant great er difference sentence life without parole terms imprisonment ibid harmelin rationale defendant age immaterial eighth amendment analysis thus result today cases harmelin petitioners like defendant harmelin sentenced death accordingly cases creating clarifying individualized capital sentencing doctrine apply internal quotation marks omitted nothing constitution qualitative difference term imprisonment death changed since harmelin decided years ago changed better yet evolved line categorical proportionality cases uses roper graham jettison harmelin clear distinction capital noncapital cases apply former noncapital juvenile decision even less supportable precedents used reach iii chief justice notes ante dissenting opinion lays groundwork future incursions authority sentence criminals categorical proportionality cases considered indicia society standards expressed legislative enactments state practice determine whether national consensus sentencing practice issue graham slip quoting roper graham example looked ctual sentencing practices conclude national consensus sentences juvenile nonhomicide offenders slip see also roper supra atkins virginia today makes clear even though decision leaves intact discretionary imposition sentences juvenile homicide offenders think appropriate occasions sentencing juveniles life without parole uncommon ante statement may well cause trial judges shy away imposing life without parole sentences embolden appellate judges set aside imposed future petitioner seeks categorical ban sentences life without parole juvenile homicide offenders assuredly look actual sentencing practices triggered case thus gone merely divining societal consensus today shaping societal consensus tomorrow today decision invalidates constitutionally permissible sentencing system based nothing belief sense morality people representatives graham supra thomas dissenting slip nothing constitution grants authority exercises today respectfully dissent alito dissenting nos writ certiorari criminal appeals alabama writ certiorari arkansas june justice alito justice scalia joins dissenting holds congress legislatures prohibited constitution identifying category murderers age must sentenced life imprisonment without parole even sets bomb crowded mall guns dozen students teachers child must given chance persuade judge permit release society nothing constitution supports arrogation legislative authority long ago abandoned original meaning eighth amendment holding instead prohibition cruel unusual punishment embodies evolving standards decency mark progress maturing society trop dulles plurality opinion see also graham florida slip kennedy louisiana roper simmons atkins virginia hudson mcmillian ford wainwright rhodes chapman estelle gamble provenance philosophical basis standard problematic start true society inexorably evolving direction greater greater decency says particular philosophy history find way fundamental law event elected representatives likely unaccountable judges reflect changing societal standards least start insisted evolving standards represented something personal views five justices see rummel estelle explaining eighth amendment judgments neither appear merely subjective views individual justices instead looked objective indicia society moral standards trajectory moral evolution see emphasizing informed objective factors maximum possible quoting coker georgia plurality opinion search objective indicia toyed use public opinion polls see atkins supra occasionally relied foreign law see roper simmons supra enmund florida thompson oklahoma coker plurality opinion main however staple inquiry tallying positions taken state legislatures thus coker held eighth amendment prohibits imposition death penalty rape adult woman noted one state permitted practice enmund held eighth amendment forbids capital punishment ordinary felony murder federal law law authorized death penalty time rejected punishment tally early cases may characterized evidence national consensus evidence became weaker weaker later cases atkins held defendants may sentenced death found consensus even though half allowed capital punishment permitted practice see scalia dissenting observing less half permit capital punishment enacted legislation barring execution mentally retarded attempted get around problem noting pronounced trend punishment see listing amended laws since prohibit execution mentally retarded persons importance trend evidence however long lived roper outlawed capital punishment defendants ages lineup atkins trend favor abolition five past years less impressive roper nevertheless held absence strong trend support abolition matter see difference case atkins respect pace abolition thus counterbalanced consistent direction change kennedy louisiana went holding eighth amendment prohibits capital punishment brutal rape girl disregarded nascent legislative trend favor permitting capital punishment narrowly defined heinous crime see explaining although total number made child rape capital offense six indication trend change direction comparable one supported data roper felt need see whether trend developed perhaps true moral evolution lead one direction despite argument rape young child may involve greater depravity murders proclaimed homicide categorically different maybe almost offenses see stating nonhomicide crimes including child rape may devastating harm terms moral depravity injury person public compared murder severity irrevocability internal quotation marks citation omitted previously put death different ford supra plurality opinion two years kennedy graham florida pretense heeding legislative consensus discarded graham federal law law district columbia permitted minor sentenced life imprisonment without parole nonhomicide crimes despite unmistakable evidence national consensus held practice violates eighth amendment see thomas dissenting slip however drew distinction minors murder minors commit heinous offenses least sense principle death different lived today principle entirely put rest concerned imposition term imprisonment offenders kill two carefully selected cases us concern young defendants despite brutality evident depravity exhibited least one petitioners hard feel sympathy sentenced life without possibility release one confused particulars two cases us category murderers delicately calls children murderers age consists overwhelmingly young men fast approaching legal age adulthood evan miller kuntrell jackson anomalies much typical murderers like donald roper committed brutal nine months shy birthday roper commit significant number murders every crimes incredibly brutal many murderers least mature average see thompson concurring judgment noting maturity may vary widely among different individuals age congress legislatures concluded least murderers sentenced prison without parole federal government decided offenders life without parole mandatory see ante nn majority overrules legislative true least apparently permits trial judge make individualized decision particular minor convicted murder sentenced life without parole expect possibility last long majority goes way express view imposition sentence life without parole child murderer age uncommon held graham trial judge discretionary sentencing authority may impose sentence life without parole minor committed nonhomicide offense justices majority may soon extend holding minors commit murder see today decision shows eighth amendment cases longer tied objective indicia society standards eighth amendment case law entirely inward looking entirely disregarding objective indicia society standards graham extrapolates graham future cases may extrapolate today holding process may continue majority brings sentencing practices line whatever majority views truly evolved standards decency eighth amendment imposes certain limits sentences may imposed criminal cases part leaves questions sentencing policy determined congress state legislatures good reason determining length imprisonment appropriate particular offense particular offender inevitably involves balancing interests imprisonment nothing else removes criminal general population prevents committing additional crimes outside world legislature prescribes category killers must sentenced life imprisonment legislature presumably reflects views electorate taking position risk offenders kill outweighs countervailing consideration including reduced culpability due immaturity possibility rehabilitation majority countermands democratic decision majority saying members society must exposed risk convicted murderers released custody murder unless cases change course continue march toward vision evolutionary culmination yet disclosed constitution authorize us take country journey footnotes together jackson hobbs director arkansas department correction certiorari arkansas footnotes jackson ineligible death penalty thompson oklahoma plurality opinion held capital punishment offenders age violates eighth amendment first time arkansas contends jackson sentence mandatory view state law effect allowed trial judge suspend sentence commit jackson department human services program end placed probation brief respondent pp hereinafter arkansas brief citing ark code ann arkansas never raised objection state courts treated jackson sentence mandatory abide interpretation state law see mullaney wilbur criminal appeals also affirmed juvenile denial miller request funds hire mental expert transfer hearing pointed governing alabama precedent procedural requirements trial ordinarily apply hearings state cobb concurring result internal quotation marks omitted separate opinion judge cobb agreed reigning precedent urged state revisit question light transfer hearings importance see lthough later mental evaluation adult affords semblance procedural due process effect little late three dissenting opinions take issue precedents see post opinion roberts post opinion thomas post opinion alito surprising authors joiner dissented precedents see kennedy alito joined roberts scalia thomas dissenting roper scalia joined thomas dissenting atkins scalia joined thomas dissenting thompson scalia dissenting graham collins thomas concurring contending woodson wrongly decided particular disagreed majority reasoning graham foundation stone analysis see graham roberts concurring judgment slip thomas joined scalia alito dissenting slip alito dissenting slip dissents seek relitigate old eighth amendment battles repeating many arguments previously often rejected apply logic roper graham individualized sentencing decisions two cases evidence presented us cases indicates science social science supporting roper graham conclusions become even stronger see brief american psychological association et al amici curiae body research developmental psychology neuroscience continues confirm strengthen conclusions increasingly clear adolescent brains yet fully mature regions systems related executive functions impulse control planning ahead risk avoidance brief lawrence aber et al amici curiae discussing studies numerous studies indicate exposure deviant peers leads increased deviant behavior consistent predictor adolescent delinquency omitted discussing graham dissents essentially ignore reasoning see post opinion roberts post opinion alito indeed chief justice ignores points made concurring opinion part graham dissents see fit note distinction drew homicide nonhomicide offenses see post opinion roberts post opinion alito contrary dissents charge decision today retains distinction graham established one rule flat ban nonhomicide offenses set different one individualized sentencing homicide offenses although adults subject well death penalty many jurisdictions offenders actually receive sentence see dept justice bureau justice statistics rosenmerkel durose farole felony sentences state courts statistical tables table rev practice sentencing schemes issue result juvenile homicide offenders receiving nominal punishment almost adults even though two classes differ significantly moral culpability capacity change given holding dissents competing position see certain irony repeated references committed heinous offenses comparison defendants see post opinion roberts noting old convicted deliberately murdering innocent victim post heinous murders post worst types murder post opinion alito warning reader confused particulars two cases post discussing tlrdivsl sets bomb crowded mall holding requires factfinders attend exactly circumstances take account differences among defendants crimes contrast sentencing schemes dissents find permissible altogether preclude considering factors note federal government make life without parole mandatory mandatory minimum punishment form murder apply relevant provision many applying even younger defendants see alabama brief addition life without parole mandatory older juveniles louisiana age texas age see la child code arts west supp la rev stat ann west supp tex family code ann west supp tex penal code ann west many jurisdictions life without parole mandatory punishment aggravated forms murder distinction makes difference analysis consistently held limiting mandatory death penalty law particular kinds murder cure law constitutional vice disregarding circumstances particular offense character propensities offender roberts louisiana plurality opinion see sumner shuman analysis applies reasons assessing indicia societal standards graham discussed actual sentencing practices addition legislative enactments noting infrequently sentencers imposed statutorily available penalty slip consider constitutionality mandatory sentencing schemes definition remove judge jury discretion comparable gap legislation practice exist rather showing whether sentencers consider life without parole juvenile homicide offenders appropriate number juveniles serving sentence see post roberts dissenting merely reflects number committed homicide jurisdictions reason chief justice comparison ratios case ham carries little weight contrasts number mandatory sentences juvenile murderers relative number juveniles arrested murder corresponding number sentences graham number sentences juveniles committed serious nonhomicide crimes compared arrests crimes post mandatory nature sentences necessarily makes common chief justice figures correspon higher ratio mostly function removing sentencer discretion mandatory sentencing account number juveniles serving terms evidence practice supports holding fifteen jurisdictions make life without parole discretionary juveniles see alabama brief listing cal penal code ann west ind code stat according available data juvenile sentences come jurisdictions come mandatory ones see tr oral arg human rights watch state distribution youth offenders serving juvenile life without parole jlwop online http visited june available clerk case file figure indicates given choice sentencers impose life without parole children relatively rarely contrary chief justice argument see post held judges juries often choose impose sentence least mandatory see woodson north carolina plurality opinion relying infrequency juries imposed death penalty given discretion hold mandatory imposition violates eighth amendment response chief justice complains say sentence may considered unusual many legislatures approve stands precedent head post clear description way resembles opinion hold sentence violates eighth amendment exhaustively shown conflicts fundamental principles roper graham individualized sentencing cases show number imposing punishment preclude holding note mandatory nature however many adopt makes use actual sentencing numbers unilluminating chief justice attempts distinguish graham point arguing extreme rarity sentence question imposed suggest legislatures really intend inevitable result laws passed post neither graham thompson suggested reasoning presumably time frame makes difficult comprehend cases considered legislators intended enacted different moments separate provisions definition knew know many juvenile sentences result see code cum supp rev stat ann west west stat del code tit stat haw rev stat idaho code lexis comp laws ann west cum supp stat ann subd west neb rev stat rev stat ann west cons stat cons stat supp codified laws stat tit rev code see del code tit cum supp tit stat haw rev stat idaho code lexis cum supp comp laws ann west neb rev stat cons stat cons stat set ages minimum transfer thus exposing young children mandatory life without parole see codified laws age stat tit cum supp tit age rev code age see code cum supp rev stat ann west cum supp stat comp stat ch west la child code art west cum supp mass laws ch west comp laws ann west stat ann subd west cum supp subd west mo rev stat stat ann lexis rev stat ann iv west cum supp west ohio rev code ann lexis tex family code ann code ann lexis stat ann west supp comp laws ann code ann footnotes graham stated prisoners serving life without parole nonhomicide offenses committed juveniles alone juveniles arrested serious nonhomicide crimes slip use number prisoners serving mandatory life without parole sentences murders committed juveniles seem accept number least high source graham used reports juveniles arrested murder nonnegligent homicide dept justice office juvenile justice delinquency prevention puzzanchera adams juvenile arrests reference discretionary sentencing practices distraction see ante premise decision mandatory sentences categorically different discretionary ones logic whether discretionary sentences common uncommon nothing whether mandatory sentences unusual event analysis discretionary sentences relevant provide objective support today decision juvenile sentences meaning nearly sentences imposed discretion judge jury ante thus number discretionary life without parole sentences juvenile murderers relative number juveniles arrested murder times higher corresponding number graham claims take issue precedents seek relitigate ante applying cases exactly stand believe support decision case footnotes join chief justice opinion accurately explains even accepting precedents holding today cases unsupportable neither petitioners argue petitioners sentences among acts punishment considered cruel unusual time bill rights adopted graham thomas dissenting slip quoting ford wainwright petitioners years old time committed crimes bill rights ratified subject trial punishment adult offenders see roper simmons scalia dissenting mandatory death sentences common time see harmelin michigan therefore implausible mandatory prison sentence length without parole viewed cruel unusual later extended woodson requiring capital defendants permitted present sentencers capital cases permitted consider relevant mitigating evidence including age defendant see lockett ohio plurality opinion eddings oklahoma skipper south carolina johnson texas whatever validity requirement sentencers permitted consider mitigating evidence deciding whether impose nonmandatory capital sentence certainly wrong prohibit mandatory capital sentences see graham collins thomas concurring support decision apply harmelin juvenile offenders also observes ur history replete laws judicial recognition children viewed simply miniature adults ante quoting north carolina slip internal quotation marks omitted doubt true general matter justify usurping authority rightfully belongs people imposing constitutional rule none exists footnotes committed average combined total murders nonnegligent homicides per year see dept justice bureau justice statistics arrests age persons arrested table noted mistretta congress passed sentencing reform act eliminate discretionary sentencing parole concluded practices led gross abuses senate report bill rejected called outmoded rehabilitation model federal criminal sentencing according report almost everyone involved criminal justice system doubts rehabilitation induced reliably prison setting quite certain one really detect whether prisoner rehabilitated ibid report also observed system two ed consequences first great variation among sentences imposed different judges upon similarly situated offenders second uncertainty time offender spend prison serious impediment evenhanded effective operation criminal justice system mistretta supra quoting citation omitted