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MANDATORY JUVENILE LIFE WITHOUT PAROLE STRUCK DOWN

Jul 04 2012
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Supreme Court Holds Eighth Amendment Prohibits Mandatory Life without Parole Sentences in Juvenile Homicide Cases

By: Houston Criminal Lawyer John Floyd and Billy Sinclair
The Juveniles :

Evan Miller and Kuntrell Jackson had a lot in common in their childhoods as Lyle Denniston described in a March 12, 2012 SC0TUSblog post: they lived in violent homes, suffered from low self-esteem, moral neglect and worse. Crime became, to them, a rational response to their life situation; and in both cases their criminal pursuits led to the killing of innocent people and, subsequently, to life sentences without parole in state prison systems. They joined the nationwide Life without Parole (LWOP) ranks of 2300 other such juvenile offenders.

Evan Miller :

The parental abuse at home was so terrible that Evan tried to commit suicide the first time at age five. That attempt was followed by seven more attempts before he reached his fourteenth birthday. Life was hard for his poverty-stricken family in “rural north-central Alabama.” Denniston reported that after Evan reached eight years of age, he was treated “from time to time” for mental health problems. He was in and out of foster care because of his mother’s drug/alcohol abuse. Finally, at age 10, the kid returned home from foster care where he was reunited with his horribly abusive father. By that time the youth had become “an active drug abuser.” The prison system lay like a slithering python ready to gobble him up. Normal survival in the “free world” was out the question; his life circumstances dictated one result—crime and prison.

Evan turned fourteen in 2003. At the time he was still living with his family in the small town of Speake, Alabama. They lived in the Country Life Trailer Court near what Denniston said was “the Five Points community.” The Old South is filled with “Five Points” sections in poor rural areas—and they’re havens for drugs, prostitution, and violence. They are those “across the track” communities within the larger community where “poor folks” live in trailers and ramshackle shacks. Violence strikes quick and ugly in these communities. Denniston described Miller’s brief but fatal courtship with the act of violence that sent him to an adult prison.

52-year-old Cole Cannon also lived in same trailer park. On the night of July 5, 2003, Cannon went to the Miller trailer looking for something to eat. He was drunk. He found Evan and his older 16-year-old friend, Colby Smith, alone at the Miller trailer. The teens gave Cannon a “plate of spaghetti.” Cannon left and returned to his own trailer. Whether the teens concocted a plan to kill Cannon is uncertain. What is certain is that they left the Miller trailer and went to Cannon’s trailer. There they found a collection of baseball cards and, along with Cannon, the trio decided to sell them to get some money.

Later in the evening, Cannon took the boys back to his trailer where the trio drank whiskey and smoked marijuana. The first question that comes to mind is: what was a drunken 52-year-old man doing “hanging out” with two teenage boys? The fact that he was plying the boys with marijuana and whiskey implies he had ulterior motives. Whether that is true or not is a matter of pure speculation. What is true is that Cannon passed out and Evan removed Cannon’s wallet and took $300 from it. He gave half of it to Smith. And while trying to place the wallet back in Cannon’s pocket, the older man awoke and grabbed Evan by the throat. Smith grabbed a nearby baseball bat and struck Cannon once with it. Free of Cannon’s grasp, Evan grabbed the bat and repeatedly struck Cannon with it. He then put Cannon’s head in a sheet and reportedly said: “I am God, I’ve come to take your life.” He struck Cannon one more time. One doesn’t have to have a psychology degree hanging on their wall to know that Evan was returning to a drunken adult all the beatings he had received from another.

The two teenagers left Cannon’s trailer but returned to clean up the evidence. Unable to clean up the splattered blood, the duo decided to burn Cannon’s trailer. They lit two fires before stopping up a sink and turning on a faucet, believing the running water would put out the blaze. It did not. Severely injured, Cannon could not get up from the floor to escape the flames. He perished from smoke inhalation and his mortal injuries. The teens were quickly arrested. Evan was charged with two counts of murder for the one killing: murder during an arson and murder during a robbery. Colby cut a deal and testified against Evan who was tried as an adult. He was convicted, and under Alabama law, sentenced to a mandatory life sentence without the benefit of parole.

Kuntrell Jackson :

Like Evan, Kuntrell grew up in impoverished circumstances in the Chicksaw Courts Housing Project in Blytheville, Arkansas—a government subsidized housing project notorious for its drug abuse and violent crime. Kuntrell had also been the target of severe physical abuse by his mother’s boyfriend and father figure. He inherited the firm belief that crime was a natural response to his deprived life circumstance. After all, his mother and brother had both been convicted of crimes and sent off to prison. Thus, he thought it was natural to be on the opposite side of the police (“Five-O”)—before his fourteenth birthday, he had been busted for shoplifting, stealing a car, and other crimes—some of which earned him a stay in a “juvenile detention center as a serious offender.”

So, on November 18, 1999, just two weeks after he had turned fourteen, it was not unusual that he and two older teens from the same housing project stood around talking about robbing the Movie Magic Video store. They were deadly serious. The older of the teens, Derrick Shields, was armed with a 410-shotgun he carried in his coat sleeve. As the trio approached the video store, it was agreed that Shields and the other teen, Travis Booker, would go into the store and do the robbery while Kuntrell waited outside.

Laurie Troup was the unfortunate clerk working that night when Shields and Booker entered the store. Waving the shotgun, Shields began demanding money. For whatever inexplicable reason, Troup resisted the robbery, telling Shields there was no money in the store. At some point Toup told the trio she was calling the police at which time Shields shot her face with the shotgun, killing her instantly.

The trio fled without any money. Kuntrell was arrested four months later, but not before jokingly telling friends he was responsible for the robbery/murder at the video store. All three youths confessed to the crime shortly after their arrests with Kuntrell identifying Shields as the shooter. Kuntrell sought to be tried as a juvenile, but that motion was denied by the trial court because of his criminal record. He was subsequently convicted as an adult of capital murder and aggravated robbery, and pursuant to Arkansas law, was sentenced to life without parole.

The Supreme Court Decision :

In 2005 the Court handed down a precedent ruling that offenders who commit their crimes under the age of seventeen could not be given the death penalty.Roper v. Simmonsheld that the Eighth Amendment guarantees that an individual not be subjected to excessive sanctions. The decision was based on the longstanding Eighth Amendment principle announced by the Court in 1910 that the “cruel and unusual punishment” provisions of the amendment “flows from the basic ‘precept of justice that punishment for crime should be graduated and proportioned’” to both the offense and offender.

Three years later the Court inKennedy v. Louisianaheld that it violates the Eighth Amendment to impose the death penalty in any non-homicide case. Two years later in Graham v. Florida the Court advanced the Eighth Amendment a step further in cases of children tried as adults; namely, they cannot be sentenced to life without parole in non-homicide cases. These three cases inevitably led to Miller and Jackson’s cases being brought before the Court, and as most criminal justice experts expected, the Court held that the Eighth Amendment prohibits a mandatory life without parole sentence being imposed in homicide cases when the offender commits the offense as a juvenile. Following the lead ofRoperandGraham, the Court explained the basis for its decision:

“To start with the first set of cases:RoperandGrahamestablish that children are constitutionally different from adults for purposes of sentencing. Because juveniles have diminished culpability and greater prospects for reform, we explained ‘they are less deserving of the most severe punishments.’ Those cases relied on three significant gaps between juveniles and adults. First, children have a ‘lack of maturity and an underdeveloped sense of responsibility,’ leading to recklessness, impulsivity, and heedless risk-taking. Second, children ‘are more vulnerable … to negative influences and outside pressures,’ including from their family and peers; they have limited ‘control over their own environment’ and lack the ability to extricate themselves from horrific, crime-producing settings. And third, a child’s character is not as ‘well formed’ as an adult’s; his traits are ‘less fixed’ and his actions are less likely to be ‘evidence of irretrievable depravity.’

“Our decisions rested not only on common sense—on what ‘any parent knows’—but on science and social science as well. InRoper, we cited studies showing that ‘only a relatively small proportion of adolescents’ who engage in illegal activity ‘develop entrenched patterns of problem behavior.’ And inGraham, we noted that ‘developments in psychology and brain science continue to show fundamental differences between juvenile and adult minds’—for example, in ‘parts of the brain involved in behavior control.’ We reasoned that those findings—of transient rashness, proclivity for risk, and inability to assess consequences—both lessened a child ‘moral culpability’ and enhanced the prospect that, as the years go by and neurological development occurs’ ‘his deficiencies will be reformed.’

RoperandGrahamemphasized that the distinctive attributes of youth diminish the penological justifications for imposing the harshest sentences on juvenile offenders, even when they commit terrible crimes. Because ‘the heart of the retribution rationale’ relates to an offender’s blameworthiness,’ ‘the case for retribution is not as strong with a minor as with an adult.’ Nor can deterrence do the work in this context, because ‘the same characteristics that render juveniles less culpable than adults’—their immaturity, recklessness, and impetuosity—make them less likely to consider potential punishment. Similarly, incapacitation could not support the life-without-parole sentence inGraham: Deciding that a ‘juvenile offender forever will be a danger to society’ would require ‘making a judgment that [he] is incorrigible’—but ‘incorrigibility is inconsistent with youth.’ And for the same reason, rehabilitation could not justify that sentence. Life without parole ‘forswears altogether the rehabilitative ideal.’ It reflects ‘an irrevocable judgment about [an offender’s] value and place in society,’ at odds with a child’s capacity for change.

Grahamconcluded from this analysis that life-without-parole sentences, like capital punishment, may violate the Eighth Amendment when imposed on children. To be sure,Graham’sflat ban on life without parole applied only to nonhomicide crimes, and the Court took care to distinguished those offenses from murder, based on both moral culpability and consequential harm. But none of what it said about children—about their distinctive (and transitory) mental traits and environmental vulnerabilities—is crime-specific. Those features are evident in the same way, and to the same degree, when (as in both cases here) a botched robbery turns into a killing. SoGraham’sreasoning implicates any life-without-parole sentence imposed on a juvenile, even as it’s categorical bar relates only to nonhomicide cases.”

The Court’s opinion, however, was not as sweeping as the news headlines indicated. The Court only struck down “mandatory” life sentences without parole for juveniles. Thus, the Court’s decision applied only to states that mandatorily impose life sentences without parole on juveniles. As the Court concluded:

Graham,Roper, and our individualized sentencing decisions make clear that a judge or jury must have the opportunity to consider mitigating circumstances before imposing the harshest possible penalty for juveniles. By requiring that all children convicted of homicide receive lifetime incarceration without possibility of parole, regardless of their age and age-related characteristics and the nature of their crimes, the mandatory sentencing schemes before us violate this principle of proportionality, and so the Eighth Amendment’s ban on cruel and unusual punishment.”

We would have preferred that the Court extend its ruling to all life sentences without parole on juveniles, regardless of their circumstances. We had hoped the Court would have followed completely its position inGraham: that a life sentence without parole imposed on a juvenile is cruel and unusual. Any juvenile facing a life sentence, regardless of the offense, should have the benefit of parole. It would then be left up to parole boards, in their discretion, to determine if after 10, 20 or even 30 years, the juvenile turned adult no longer posed a threat to society. Whether or not any juvenile offender should spend the rest of his life in prison should not be a judge/jury decision but a decision made after a period of incarceration and opportunity for reform.

By: Houston Criminal Attorney John Floyd and Billy Sinclair
John Floyd is Board Certified in Criminal Law by the Texas Board of Legal Specialization

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    I contacted John T. Floyd Law firm and I was very satisfied with service extremely helpful and friendly thank you Mr. FloydPositive
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  • Avatar Johnny Johnson Jr ★★★★★ 3 years ago
    This law frim was informative,great response time ,and the attorney called back not some secretary or legal assistant thank u guys for all your help wish it was more like youPositive … More
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  • Avatar Dana Adkison ★★★★★ 3 years ago
    I would highly recommend Mr Floyd. He was very helpful and knowledge with a legal question I had.Positive
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  • Avatar Crecencio Fabian ★★★★★ 3 years ago
    He explained my case better then any other lawyerPositive
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  • Avatar Barry Lewis ★★★★ 3 years ago
    Very informative
  • Avatar Ismael Flores ★★★★★ 3 years ago
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  • Avatar Neil Productions ★★★★★ 4 years ago
    Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
  • Avatar S A ★★★★★ 4 years ago
    Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
  • Avatar Gary Watch ★★★★★ 4 years ago
    I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
  • Avatar Saman Daftarian ★★★★★ 4 years ago
    I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
  • Avatar calvin robinson ★★★★★ 4 years ago
    It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
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  • Avatar Alan Howk ★★★★★ 4 years ago
    Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
  • Avatar CMCustom Cycles ★★★★★ 4 years ago
    Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
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  • Avatar Greg Page ★★★★★ 4 years ago
    I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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  • Avatar Kristen Rankin ★★★★★ 4 years ago
    Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
  • Avatar Kedar Puranik ★★★★★ 4 years ago
    John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
  • Avatar Joseph Sivadon ★★★★★ 4 years ago
    What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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  • Avatar Lex Strider ★★★★★ 4 years ago
    Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
  • Avatar karim khalifa ★★★★★ 4 years ago
    Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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  • Avatar James Haggard ★★★★★ 4 years ago
    Great service, very knowledgable and happy to help with any questions I had
  • Avatar David Sustaita ★★★★★ 4 years ago
    Quick to action and helpful and knowledgeable with entertainment industry based issues!
  • Avatar Chad Groves ★★★★★ 4 years ago
    Responded on a holiday week. Very knowledgeable and reassuring.
  • Avatar Mark Fein ★★★★★ 4 years ago
    Very professional
  • Avatar Bthomason903 Bthomason903 ★★★★★ 4 years ago
  • Avatar Anton Jasser ★★★★★ 4 years ago
  • Avatar Alma Garza ★★★★★ 4 years ago
  • Avatar Victory 2020 ★★★★★ 6 years ago
    I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
  • Avatar Alma Garcia Cunningham ★★★★★ 6 years ago
    The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
  • Avatar Rajiv Patel ★★★★★ 6 years ago
    From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
  • Avatar Jose Tapia ★★★★★ 6 years ago
    I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
  • Avatar Sagar Patel ★★★★★ 6 years ago
    These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
  • Avatar RAYNINN ★★★★★ 6 years ago
    John and Chris are true professionals! Love those guys like family!
  • Avatar Virginia Martin ★★★★★ 6 years ago
    Mr. Floyd and his team are very knowledgeable, informative, and helpful.
  • Avatar Darla Latham ★★★★★ 6 years ago
    A team you can depend on to stand up and fight for you to prove the truth the whole truth!
  • Avatar Veronica Elorza ★★★★★ 6 years ago
  • Avatar Karetta Lux ★★★★★ 7 years ago
    Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
  • Avatar GM ★★★★★ 8 years ago
    The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
  • Avatar Sandra Bivens ★★★★★ 8 years ago
    I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
  • Avatar Mike Kittelson ★★★★★ 8 years ago
    I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
  • Avatar Robert Hair ★★★★★ 8 years ago
    Extremely helpful!!! Helping me understand the law.

John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization

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