The phrase refers to the legal status of sentencing juveniles to life imprisonment without the possibility of parole in the United States after two landmark Supreme Court decisions: Miller v. Alabama (2012) and Montgomery v. Louisiana (2016). These rulings held that mandatory life without parole sentences for juveniles are unconstitutional, requiring courts to consider the offender’s youth and potential for rehabilitation before imposing such sentences, and made the Miller decision retroactive.
The phrase refers to the legal status of sentencing juveniles to life imprisonment without the possibility of parole in the United States after two landmark Supreme Court decisions: Miller v. Alabama (2012) and Montgomery v. Louisiana (2016). These rulings held that mandatory life without parole sentences for juveniles are unconstitutional, requiring courts to consider the offender’s youth and potential for rehabilitation before imposing such sentences, and made the Miller decision retroactive.
What is juvenile life without parole?
Life imprisonment without the possibility of release for someone who was under 18 at the time of the crime. Post-Miller and Montgomery, such sentences cannot be automatic and must consider the individual juvenile's circumstances.
What did Miller v. Alabama (2012) decide?
Miller held that mandatory life without parole for juveniles violates the Eighth Amendment; courts must tailor sentencing by considering the juvenile's age, development, and potential for rehabilitation.
What did Montgomery v. Louisiana (2016) decide?
Montgomery held Miller's rule is retroactive to cases on collateral review, meaning inmates sentenced as juveniles under the old rules can seek relief (resentencing or release) even if their cases were final before Miller.
How do these rulings affect juvenile LWOP in practice?
They require individualized sentencing for juveniles and prohibit automatic LWOP. States may still impose LWOP in rare cases, but only after considering age, maturity, and other factors; many previously imposed juvenile LWOP sentences have been revisited.