Miller / Graham

Question 1

If a juvenile offender proves rehabilitation at a judicial review hearing and is released what must follow the release?

Answer 1

5 years of probation

Question 2

What is the lowest term of years that constitutes a de facto life sentence?

Answer 2

60 years

Question 3

What is the minimum sentence a juvenile convicted of a capital offense can receive under Graham/Miller where the defendant actually killed, intended to kill or attempted to kill?

Answer 3

40 years

Question 4

When is a juvenile defendant entitled to judicial review on a capital offense where the defendant did not actually kill, attempt to kill or intend to kill

Answer 4

After 15 years if the defendant is sentenced to more than 15 years

Question 5

When is a juvenile defendant entitled to judicial review if he has been convicted of non-capital murder where he actually killed, intended to kill or attempted to kill

Answer 5

After 25 years if he is sentenced to more than 25 years

Question 6

When is a juvenile defendant entitled to judicial review if he has been convicted of non-capital murder where he did not actually kill, intend to kill or attempt to kill?

Answer 6

After 15 years if he is sentenced to more than 15 years

Question 7

If a juvenile defendant is convicted of a non-homicide offense punishable by life, when is he entitled to judicial review?

Answer 7

After 20 years if he is sentenced to more than 20 years

Question 8

Under what circumstances is a juvenile who has been convicted of a non-homicide offense punishable by life entitled to a second judicial review?

Answer 8

After 10 years if he was not resentenced at the first judicial review

Question 9

If a juvenile is sentenced to a non-life sentence for a felony punishable by life, then violates probation after age 18 what is the greatest legal sentence?

Answer 9

Life in prison

Question 10

What must the court consider in conducting an individualized sentencing hearing for a defendant punishable by life?

Answer 10

Mnemonic: BEAN PEPPER

1. defendant’s BACKGROUND: family, home, community
2. EFFECT of crime on victim’s family/community
3. defendant’s AGE, maturity, intellect, mental health, emotional health
4. NATURE and circumstances of offense
5. the nature and extent of defendant’s PRIORS
6. EFFECT of immaturity, impetuosity, failure to appreciate risks/consequences on defendant’s participation in offense
7. extent of defendant’s PARTICIPATION in offense
8. effect of familial or PEER pressure on defendant’s actions
9. the EFFECT of characteristics attributed to youth on the defendant’s judgement
10. the possibility of REHABILITATING the defendant

Question 11

Does Miller apply to discretionary life sentences?

Answer 11

No

Question 12

Do lengthy sentences or min/mans violate Graham?

Answer 12

Not if they do not exceed the defendant’s life expectancy

Question 13

Is a 25ymm sentence for a non-homicide offense an unconstitutional sentence for a juvenile?

Answer 13

No

Question 14

According to Miller, why should LWOP be uncommon for juveniles?

Answer 14

Because of their diminished culpability and capacity for change

Question 15

Under what circumstances are juveniles sentenced to life not entitled to judicial review?

Answer 15

1. defendant was convicted of capital murder AND
2. defendant actually killed, intended to kill or attempted to kill
3. defendant has certain prior enumerated convictions

Question 16

Is a juvenile who commits a non homicide PBL entitled to judicial review if he has previously been convicted of an enumerated offense?

Answer 16

Yes

Question 17

Is a juvenile defendant who is sentenced to life for a non-homicide offense always entitled to judicial review?

Answer 17

Yes

Question 18

If a juvenile convicted of a capital offense is sentenced to life because it was mandatory, is he always entitled to a resentencing?

Answer 18

Yes

Question 19

Who must resentence a defendant who is eligible for resentencing?

Answer 19

The original trial judge, unless it is necessary for a successor judge to hear the matter

Question 20

Where a juvenile convicted a capital felony where he attempted/intended/actually killed is sentenced to life, he is entitled to judicial review. This applies UNLESS that juvenile has previously been convicted of an enumerated offense. What are those enumerated offenses?

Answer 20

1.  Murder;
2.  Manslaughter;
3.  Sexual battery;
4.  Armed burglary;
5.  Armed robbery;
6.  Armed carjacking;
7.  Home-invasion robbery;
8.  Human trafficking for commercial sexual activity with a child under 18 years of age;
9.  False imprisonment under s. 787.02(3)(a);
10.  Kidnapping.

Question 21

Where a juvenile has been convicted of a non-homicide offense PBL, AND he has an enumerated prior, is he entitled to judicial review?

Answer 21

Yes

Question 22

When does an enumerated prior to disqualify a juvenile convicted of a capital felony from receiving judicial review?

Answer 22

1. Where the enumerated prior occurred in a separate criminal transaction or episode AND
2. The juvenile actually killed, intended to kill or attempted to kill in the instant offense

Question 23

What is the holding of Graham?

Answer 23

1. The Constitution prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit homicide.
2. A State need not guarantee the offender eventual release, but if it imposes a sentence of life it must provide him or her with some realistic opportunity to obtain release before the end of that term.

Question 24

What is the holding in Miller?

Answer 24

Mandatory sentences for juveniles convicted of homicide offenses violate the 8th Amendment. Discretionary life sentences for juveniles convicted of homicide offenses are fine, so long as defendant’s age and immaturity were considered at the time of sentencing.