Summary
United States Supreme Court case regarding the requirements for sentencing a murderer under the age of 18 to life in prison without parole. Bertis and Madge Jones took in their 15-year-old grandson, Brett Jones, after Brett had a violent confrontation with his stepfather. Brett later had an argument with his grandfather after the elder Mr. Jones discovered Brett's girlfriend secretly living in his room. Later, Brett stabbed his 68-year-old grandfather eight times, using a second knife after the first one broke. The trial judge described the killing as "particularly brutal." The jury rejected Jones's claim of self-defense and convicted him of deliberate-design murder. His sentence of life in prison without parole (LWOP) was later vacated after the Supreme Court decided in Miller v. Alabama that sentencers must have discretion to consider the defendant's youth in such cases. Following a new sentencing hearing, the judge decided that notwithstanding Jones's youth LWOP remains the appropriate sentence for this brutal crime. The decision was affirmed on appeal. Jones appealed to the U.S. Supreme Court. He claims that under a later decision, Montgomery v. Alabama, the trial judge's consideration of his youth is not enough. He claims that he cannot be sentenced to LWOP unless the judge makes a further finding that he is "permanently incorrigible." Acceptance of this claim would require resentencing in the cases of nearly every juvenile murderer sentenced to LWOP in the country, even though they have already had the discretionary sentencing hearings Miller requires. CJLF has written two "friend of the court" briefs in this case. The brief for CJLF makes the legal argument that the Supreme Court's precedents do not require the finding that Jones claims, and the sentencing "fact" that he wants found is so vague that it would be unconstitutional. A second brief, for the National Organization of Victims of Juvenile Murders and Arizona Voice for Crime Victims, tells the stories of families of victims murdered by under-18 murderers to ensure that the Supreme Court understands the impact of the crimes and the endless proceedings that these families endure. The Supreme Court agreed that a hearing in which the judge has discretion to choose a lesser sentence is all that the Constitution requires.
