The Court grounded its holding “not only on common sense . . . but on science and social science as well,” id. at 2464, which demonstrate fundamental differences between juveniles and adults. The Court noted “that those [scientific] findings – of transient rashness, proclivity for risk, and inability to assess consequences – both lessened a child’s ‘moral culpability’ and enhanced the prospect that, as the years go by and neurological development occurs, his ‘deficiencies will be reformed.’” Id. at 2464-65 (quoting Graham, 130 S. Ct., at 2027; Roper v. Simmons, 543 U.S. 551, 570, 125 S. Ct. 1183, 161 L. Ed. 2d 1 (2005)). In Graham, which held that life without parole sentences for juveniles convicted of non-homicide offenses violate the Eighth Amendment, the U.S. Supreme Court found that three essential characteristics distinguish youth from adults for culpability purposes: As compared to adults, juveniles have a “lack of maturity and an underdeveloped sense of responsibility”; they “are more vulnerable or susceptible to negative influences and outside pressures, including peer pressure”; and their characters are “not as well formed.” Roper, 543 U.S. at 569-70. These salient characteristics mean that “[i]t is difficult even for expert psychologists to differentiate between the juvenile offender whose crime reflects unfortunate yet transient immaturity, and the rare juvenile offender whose crime reflects irreparable corruption.” Id. at 573. Accordingly, “juvenile offenders cannot with reliability be classified among the worst offenders.” Id. at 569.
demonstrated maturity and rehabilitation.” Graham, 130 S. Ct. at 2030. As Graham makes clear, the Eighth Amendment “forbid[s] States from making the judgment at the outset that [juvenile] offenders never will be fit to reenter society.” Id. at 2032. Juveniles who receive non-life without parole sentences “should not be deprived of the opportunity to achieve maturity of judgment and self-recognition of human worth and potential.” Id. at 2032. Therefore, absent a finding that the juvenile is among the most culpable juvenile offenders, a sentencer cannot replace a “life without parole” sentence with a sentence that is the functional equivalent of life without parole and where the opportunity for release within the juvenile’s lifetime is not “meaningful.” See, e.g., People v. Ramirez, G044703, at 33 (Cal. Ct. App. Sept. 12, 2013) (explaining that a “sentence that amounts to LWOP, does not satisfy Miller”). See also People v. Caballero, 55 Cal.4th at 268-69. For an opportunity for release to be “meaningful” under Graham, review must begin long before a juvenile is approaching the end of his or her life. The U.S. Supreme Court has noted that“‘[f]or most teens, [risky or antisocial] behaviors are fleeting; they cease with maturity as individual identity becomes settled. Only a relatively small proportion of adolescents who experiment in risky or illegal activities develop entrenched patterns of problem behavior that persist into adulthood.’” Roper, 543 U.S. at 570 (quoting Steinberg & Scott, Less Guilty by Reason of Adolescence: Developmental Immaturity, Diminished Responsibility, and the Juvenile
CERTIFICATE OF SERVICE I certify that, this 17th day of September, 2013, a true and correct copy of the foregoing brief of Amicus Curiae Juvenile Law Center has been sent by regular U.S. mail to the following: California Appellate Project 520 S. Grand Ave. Fourth Floor Los Angeles, CA 90071 Office of the Public Defender 800 S. Victoria Ave. Ventura, CA 93009 Mr. Luis Angel Gutierrez, #AE9430 H.D.S.P., B1-130 L P.O. Box 3030 Susanville, CA 96127 Office of the Attorney General Attn: David Glassman, DAG 300 S. Spring St. Los Angeles, CA 90013 Clerk of the Superior Court Hall of Justice 800 S. Victoria Ave. Ventura, CA 93009 Office of the District Attorney 800 S. Victoria Ave. Ventura, CA 93009 Clerk of the Court of Appeal Second Appellate District, Division Six 200 E. Santa Clara St. Ventura, CA 93001 Jean Matulis Attorney at Law Post Office Box 1237 Cambria, CA 93428 Jessica R. Feierman, Esq. (SBN 2177664) Counsel of Record for Amici Curiae Juvenile Law Center 1315 Walnut Street, 4th Floor Philadelphia, PA 19107 (215) 625-0551 (215) 625-2808 (fax)