50 Former Justice Dept. Leaders, Prosecutors and Judges Join ICAP Brief Urging Resentencing For Juvenile Offender

September 14, 2018

WASHINGTON โ€“ In an amicus brief filed today, former U.S. Attorney General Michael Mukasey, former acting U.S. Attorney General Peter Keisler, and former Deputy Attorneys General David Ogden and Gary Grindler joined a bipartisan group of 50 signatories, including current and former federal, state, and local prosecutors and judges, to urge the Supreme Court to review the sentence of life without the possibility of parole handed down to Joey Chandler in Mississippi for a murder he committed 15 years ago when he was just 17 years old.

In the briefโ€”written by attorneys at Georgetown Lawโ€™s Institute for Constitutional Advocacy and Protection (ICAP), including former federal prosecutor Mary McCord and longtime Department of Justice attorney Douglas Letterโ€”the prosecutors and judges urge the Supreme Court to step in to ensure that Mississippi courts recognize in sentencing juvenile offenders what the Court concluded in Miller v. Alabama in 2012: that children under the age of 18 are โ€œconstitutionally different from adults for purposes of sentencing.โ€ The brief asks the Supreme Court to require Mississippi to effectuate the Courtโ€™s ruling, made explicit in a case that followed Miller in 2016, that life without the possibility of parole should be reserved solely for โ€œthe rare juvenile offender who exhibits such irretrievable depravity that rehabilitation is impossible and life without parole is justified.โ€

Because Joey Chandler was originally convicted and sentenced to life without parole before the Supreme Court declared unconstitutional the mandatory imposition of that sentence on juvenile offenders in Miller, he received a resentencing in the wake of the Supreme Courtโ€™s ruling. The sentencing court ultimately imposed the same sentence in what the brief contends was a legally deficient ruling. Rather than heed the Supreme Courtโ€™s new direction to consider whether his crime reflected โ€œtransient immaturity,โ€ the state court pronounced Chandler โ€œmatureโ€ based largely on what 17-year-olds are legally entitled to do, such as obtain a driverโ€™s license and an abortion. And rather than consider the abundant evidence of Chandlerโ€™s efforts to educate and rehabilitate himself while in prison, the state court shirked its responsibility by merely noting that the stateโ€™s executive branch could pardon or commute Chandlerโ€™s sentence if it deemed such action warranted.

โ€œThe crime Mr. Chandler committed as a child was horrifying and tragic for the victim, his family, and their community, and it is important for prosecutors to acknowledge this reality,โ€ said McCord, who was an assistant U.S. attorney for nearly 20 years and most recently served as acting assistant attorney general for national security in 2016-2017. โ€œBut it is also important to recognize that the evidence does not show that he is among those rare offenders who demonstrate irretrievable depravity, and that children, even those who commit the ultimate crime, may be capable of change.โ€

The Supreme Courtโ€™s understanding of the Eighth Amendment’s application to juvenile sentencing has evolved as the scientific communityโ€™s understanding of adolescent development has grown, with recent research showing that the brainโ€™s regulation of foresight, impulse control, and resistance to peer pressure is not fully developed at age 17. Without U.S. Supreme Court review, the brief argues, the Mississippi Supreme Courtโ€™s ruling would allow life-without-parole sentences for juvenile homicide offenders to occur frequently in that state, instead of being a rare outcome as the law requires.

See the full brief and 50 current and former federal, state, and local prosecutors and judges who signed it here.