Jane Doe, Female Juvenile v. United States
JusticiabilityDoctri
When a juvenile is charged with first-degree murder, does the transfer to adult proceedings violate the juvenile's Eighth Amendment rights because the only punishments allowed are unconstitutional under Miller v. Alabama?
QUESTION PRESENTED FOR REVIEW 1. When a juvenile is charged by Juvenile Information with First Degree Murder pursuant to 18 US.C. §§ 2, 1(a), 1151 & 1153, and the government files a Motion to Transfer Proceedings Against Juvenile to Adult Criminal Prosecution (hereinafter referred to as the “Transfer Motion”) pursuant to 18 U.S.C. § 5032 of the Juvenile Justice and Delinquency Prevention Act, 18 U.S.C. §§ 5031-42 (hereinafter referred to as the “Federal Juvenile Act”), does the transfer to adult proceedings violate the juvenile’s rights pursuant to | the Eighth Amendment to the United States Constitution to be free from cruel and unusual punishment because the only two punishments allowed by § 1(b), the death penalty or a mandatory life sentence, are unconstitutional pursuant to Miller v. Alabama, 567 U.S. 460 (2012)? Does the doctrine of “ripeness” allow a district court to fail to rule on this Eighth Amendment issue? 2. What is required by a district court in deciding whether the transfer of a juvenile is in the “interests of justice” as required by the express language of § 5032 of the Federal Juvenile Act? When deciding whether transfer would be in the interests of justice, is it acceptable for a district court, in its written decision, to adopt “a legally incorrect interpretation” of the six § 5032 Factors? Is it acceptable for the district court to include multiple “clearly i erroneous factual findings”? Isit acceptable for a district court decision to fail to address relevant evidence that tends to support denial of the Transfer Motion? 3. May a Circuit Court of Appeal affirm a district court's transfer decision even though the district court’s written order included “a legally incorrect interpretation” of the § 5032 Factors and “clearly erroneous factual . findings”; and failed to address relevant evidence? ii