Juvenile Life Without Parole

The use of life in prison without possibility of parole sentences for juvenile offenders has declined dramatically as a result of to key U.S. Supreme Court decisions and some legislative reforms that they triggered. But it also remains far more common in the U.S. than anywhere else in the world and some states are particularly at fault on this score including 210 cases in the three states singled out below.

Six years ago today, the U.S. Supreme Court issued its decision in Montgomery v. Louisiana, making Miller v. Alabama’s requirement that judges consider the mitigating attributes of youth retroactive . . .

At the time Miller and Montgomery were decided, Pennsylvania, Michigan, and Louisiana each had more children sentenced to life without parole than any other state in the country

While 76% of the pre-Miller JLWOP population in Louisiana was Black, Black children received 93% of JLWOP sentences since 2012. Today, the sentence is reserved almost exclusively for Black boys. . . . Despite six years passing since the Supreme Court ordered resentencings in Montgomery, almost 100 people still serving unconstitutional JLWOP sentences in Michigan have not yet had their day in court. This is especially concerning in light of the COVID-19 pandemic, which tragically claimed the life of William Garrison a few months shy of freedom.. . . . JLWOP population at time of Miller: 297 Completed resentencings: 251 Currently Serving JLWOP: 63 Released: 99

Once second to Pennsylvania in JLWOP cases, Michigan now has the most children serving life without parole in the country. Racial disparities for this population in Michigan are starker than they are nationally—71% of those eligible for resentencing in Michigan after Miller were Black (compared to 61% nationally), and 74% of those still awaiting resentencing are Black. . . . JLWOP population at time of Miller: 356 Completed resentencings: 273 Currently Serving JLWOP: 97 Released: 154

At the time Miller was decided, Pennsylvania mandated JLWOP for first and second degree murder and had the highest number of children sentenced to life without parole in the country. Subsequent reforms have abolished JLWOP for second degree murder, a significant step forward. Since Montgomery, approximately 90% of these cases have been resentenced with only 1% resentenced to JLWOP. This progress was bolstered by the Pennsylvania Supreme Court, which acted to ensure resentencing hearings had constitutionally sufficient procedure. The Pennsylvania Parole Board has also recognized the importance of meaningful consideration of these cases, granting parole in approximately 70% of the former JLWOP cases. . . . JLWOP population at time of Miller: 526 Completed resentencings: 463 Currently Serving JLWOP: 50 Released: 268

At the time of the decision, 2,800 individuals in the U.S. were serving life without parole for crimes committed as children. In the six years since, 835 individuals formerly serving this sentence have been released from prison. 

Today, 25 states and the District of Columbia ban life-without-parole sentences for children, and in six additional states, no one is serving life without parole for a crime committed as a child. . . . 

The uneven implementation of Miller disproportionately impacts Black individuals, who represent 61% of the total JLWOP population.... 

Within that population [serving JLWOP when Montgomery was decided], 29% have been released, over 50% have had their sentences reduced from JLWOP, about 17% have not yet been afforded relief, and approximately 3% have been resentenced to JLWOP.

From this report.