Thursday, January 30, 2014
Eric Schab , Paolo Annino and Ashley Marie Nellis (Florida State University - College of Law , Florida State University - College of Law and The Sentencing Project) has posted Miller Resentencing Project Report on SSRN. Here is the abstract:
In June of 2012, the United States Supreme Court issued two cases, Miller v. Alabama and Jackson v. Hobbs, which prohibited the imposition of mandatory sentences of life without parole on juvenile offenders convicted of homicide offenses. As part of its holding, the Court stressed that life without parole sentences are to be reserved for "the rare juvenile offender whose crime reflects irreparable corruption." This language leaves open the question, just how rare is it for a Miller inmate’s crime to be a reflection of irreparable corruption?
This report is focused exclusively on Miller inmates, which we have defined as juvenile offenders serving mandatory sentences of life without parole for homicide offenses, in the State of Florida.
In sum, the report finds that most Miller inmates receive a handful of disciplinary reports within the first few years of incarceration, mostly for some form of disobedience, and then receive fewer and fewer reports as they grow and mature. We hope that this data will prove useful for those litigators and members of judiciary attempting to distinguish a typical pattern of institutional adjustment from the "irreparable corruption" that the Supreme Court spoke of.