Punishment CriminalProcedure
Does the Fifth Amendment's Due Process Clause provide defendants who were between 18 and 22 an opportunity to demonstrate they are similarly situated, for Eighth Amendment purposes, to the juvenile defendants in Miller and Montgomery?
Question Presented In Miller v. Alabama, 567 U.S. 460 (2012), and Montgomery v. Louisiana, 136 S. Ct. 718 (2016), this Court held that sentencing a juvenile defendant (i.e., a defendant who was younger than 18 at the time of the commission of an offense) to a mandatory sentence of life imprisonment violates the Eighth Amendment’s “proportionality principle.” Does the Fifth Amendment’s Due Process Clause provide defendants who were between 18 and 22 an opportunity to demonstrate they are similarly situated, for Eighth Amendment purposes, to the juvenile defendants in Miller and Montgomery? Second Question Presented In determining whether a mandatory sentence of life imprisonment violates the Eighth Amendment’s “proportionality principle,” should this Court raise the relevant age of majority from 18 to 22 to reflect the scientific consensus concerning adolescent brain development? i