MA Supreme Court Declares LWOP Unconstitutional for Persons Under 21

Last week, the Massachusetts Supreme Court ruled that anyone under the age of 21 cannot be sentenced to life in prison without the possibility of parole, finding such a sentence constitutes “cruel or unusual punishment” under the Massachusetts Constitution. The Court previously ruled that discretionary life without parole sentences for youth under 18 also violated the state’s ban on cruel or unusual punishment and today’s ruling recognizes that late adolescents are developmentally similar and deserving of similar protections.

The ruling is monumental for the 200 or so people in Massachusetts who had faced the certainty of dying in prison for murders committed when they were 18, 19, or 20. Now they will be eligible to go before a parole board after serving between 15 and 35 years, depending on when they were convicted. For those who previously faced the inexorable certainty of dying in prison, just the chance at parole will be transformative. Those who have not been able to summon that sort of will and tenacity will be motivated to prove they can better themselves and return to society. That will make prisons safer, and less costly, for everyone.

In the 4-3 ruling Commonwealth v. Sheldon Mattis, the justices cited several factors underlying the court's decision. Chief among them was discussion of scientific data and evidence that supports the idea that young adult brains are still developing. "Advancements in scientific research have confirmed what many know well through experience: the brains of emerging adults are not fully mature," the justices wrote. "Specifically, the scientific record strongly supports the contention that emerging adults have the same core neurological characteristics as juveniles have."

While two other states, Washington and Michigan, have barred mandatory life without parole sentences for late adolescents through court decisions, the Massachusetts decision marks the first state in the nation to categorically bar life without parole sentences, whether mandatory or discretionary, for this population. Mr. Mattis and other 18 to 20 year olds sentenced prior to July 25, 2014 will be resentenced to life with the possibility of parole after 15 years. Individuals aged 18 to 20 sentenced on or after today for murder in the first degree will be subject to a minimum term of life imprisonment with the possibility of parole after less than 20 years and no more than 30 years. 

The Sentencing Project, Juvenile Law Center, and the Roderick and Solange MacArthur Justice Center jointly submitted an amicus brief to the Massachusetts Supreme Judicial Court in support of Sheldon Mattis, arguing that life without parole sentences for late adolescents are unconstitutional under the Eighth Amendment to the U.S. Constitution, and Article 26 of the Massachusetts Constitution.

Following the decision, the three organizations released the following statements:

“The brain science is clear, just as youth are protected from the harshest punishments because of their immaturity so should emerging adults,” said Kara Gotsch, Acting Executive Director with The Sentencing Project. “This ruling will make the Bay State’s criminal legal system more equitable and more humane, giving young people a chance at redemption and personal transformation.”

“Today’s decision is a step forward in recognizing that the differences between youth and adults do not disappear on a child’s 18th birthday,” said Tiara Greene, Staff Attorney, Juvenile Law Center. “As recognized by the Court, neither science nor society supports drawing the line at 18. Massachusetts is the first state to set this standard and it is our hope that the nation will follow.”

“With today's ruling, the court has disposed of a long-used constitutional test that was ‘of limited utility’ in the state for determining the proportionality of punishments for young adults," said Andrea Lewis Hartung, Appellate Attorney, MacArthur Justice Center. "It's a positive step forward and sign that Massachusetts and other states recognize that the harshest of sentences with no opportunity for redemption is inappropriate. Moreover, a compelling concurrence from Justice Kafker reaffirms the strong protections afforded to young people under the Massachusetts Constitution.”

You can read the Massachusetts Supreme Court's decision --> Commonwealth v. Sheldon Mattis.