Essay Requirement - Due July 11, 2012.
This year’s essay is on today's decision by the United States Supreme Court’s in the companion cases Miller v. Alabama and Jackson v. Hobbs (both decided on June 25, 2012). You may review the majority, concurring, and dissenting opinions by clicking the case names above or by clicking HERE. Miller v. Alabama and Jackson v. Hobbs were considered together as the cases together posed the question of whether it is constitutional for a state to setup a sentencing scheme which requires a life without parole sentence for juveniles convicted of murder. In other words, the issue is not whether it is ever appropriate to impose life without parole for juveniles convicted of murder, but rather the issue is whether a state can enact a sentencing scheme that does not permit the discretion to consider a lower sentence for such defendants. Three time interns will recognize that this issue is related to the one we did two years ago, but in that case the Justices were considering whether it was appropriate to impose life without parole for juveniles convicted of non-homicide crimes. They reserved for a later case the issue of whether it is appropriate to mandate life without parole for juveniles convicted of murder.
The case was argued in the Supreme Court on March 20, 2012. Bryan Stevenson was the winning lawyer. His picture appears below to the right. There has been a lot of press coverage of the case. Following is a link to the NPR story on the case which features an interview with Bryan Stevenson. along with a link to some information about him. Click HERE for the NPR story.
 |
| Bryan Stevenson, the attorney for Miller |
Click HERE for a transcript of the oral argument. Click HERE for a link to the audio of the oral argument.
In Miller v. Alabama and Jackson v. Hobbs, the United States Supreme Court held that a sentencing scheme that requires a life without the possibility of parole for a juvenile convicted of murder violates the Eighth Amendment to the United States Constitution. The Eighth Amendment states:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Your essay should detail the United States Supreme Court’s holding, with particular emphasis on the reasons (bases) for the decision. Do you agree with the decision? Why or why not? Please review and discuss the majority, concurring and dissenting opinions.
Your essay must be at least 700 words typed and double-spaced.
You are required to do your work on your own. At the bottom of your essay, please write the following:
I HEREBY CERTIFY THAT I DID NOT RECEIVE ASSISTANCE IN COMPLETING THIS ESSAY AND DID THE ESSAY BY MYSELF. THIS ESSAY IS ________ WORDS.
