The court heard arguments in two cases that ask whether it's constitutional for people 18-20 years old to receive mandatory sentences of life in prison without the possibility of parole. Massachusetts already bans such sentences for those under 18.
Massachusetts' highest court is again taking up the question of whether people under the age of 21 should automatically be sentenced to life in prison if they are convicted of first degree murder.
Attorneys for the defendants argued Monday that scientific research shows the brains of emerging adults are still developing, and they are capable of rehabilitation. They also pointed to studies showing there is little distinction between the impulsivity of a 16-year-old compared to a 20-year-old. The attorneys argued the research demonstrates that even people who are 20 often do not consider the consequences of their actions.
"There is a variance in the rate in which they mature, and these individuals — in very relevant circumstances — can have a brain and make decisions that is very much functioning like an adult," said Cailin Campbell, special Suffolk County assistant district attorney."You cannot say with certainty that a 20-year-old as opposed to a 19-year-old as opposed to an 18-year-old has not fully matured.
"I suspect in two years you're going to be back doing 23-year-olds and doing the 23-year-old argument," Kafker said. Ultimately, Ullman found that mandatory sentences of life in prison without the possibility of parole for defendants who were 18-20 years old at the time of their crimes would be unconstitutional and violate protections against cruel and unusual punishment.
'permanently incorrigible,' ” the brief said."Respectfully, amici implore this Court not to burden sentencing judges with the impossible task of determiningequivalent to juvenile offenders."
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