U.S. Supreme Court Retroactive Ban on Mandatory Life Without Parole for Juveniles

the u.s. supreme court, in their 6-3 ruling on monday in the case of montgomery v. louisiana, written by justice kennedy, stated "children who commit even heinous crimes are capable of change." several thousand inmates could potentially be impacted by their decision.

the court's rulings in a series of cases over the past decade suggest children are different: making the mandatory, permanent sentence of life without parole (lwop) inappropriate. though mandatory sentencing of lwop was ruled unconstitutional in miller v. alabama, states differed widely on applying the ruling retroactively.

the united states is the only country in the world to allow such unconscionable sentences for children. in 2010, the sentencing project released findings from a nationwide survey of almost 1,600 people serving these sentences. they found many of these kids had been traumatized and victimized before they hurt others.

the sentencing project also cited extreme poverty, poor legal counsel and significant racial disparities with the imposition of life sentences for juveniles. despite many disturbing patterns, they also noticed meaningful change and reform from the inmates over the years, sometimes decades, after their incarceration.    

mandatory sentences of lwop rose exponentially in the 90's during the so-called 'super-predator era,' which has now been wholly discredited as fear-based media hype and political rhetoric. 

the sentencing project works for a fair and effective u.s. justice system by promoting reforms in sentencing policy, addressing unjust racial disparities and practices, and advocating for alternatives to incarceration.