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Friday, April 13th, 2018

Miller Round-Up

The Second Circuit issued no criminal opinions or notable summary orders this week. This silence provides the occasion to flag two recent decisions outside the Circuit about the scope of Miller v. Alabama (2012) (requiring individualized sentencing consideration before sentencing a juvenile offender to life without parole, and holding that this punishment may be imposed only on “the rare juvenile offender whose crime reflects irreparable corruption”).

First, Judge Hall of the District of Connecticut extended Miller’s holding to 18 year-old offenders. The decision in Cruz v. United States, granting a successive 2255 petition, is available here. Judge Hall’s opinion in Cruz identifies national policy and scientific consensuses that disfavor mandatory life without parole (LWOP) for 18 year-olds.  With respect to the policy consensus, Judge Hall looked beyond the number of states that forbid LWOP for 18 year-olds to consider the actual frequency with which this punishment is …

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Categories: Eighth Amendment, life, Miller

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