Sessions Information

  • May 7, 2019
    9:00 am - 10:15 am
    Session Type: Works-in-Progress
    Session Capacity: N/A
    Hotel: N/A
    Room: Union Square 22
    Floor: Fourth Floor

    Fulfilling Miller’s and Montgomery’s Mandate: Judicial Review of Parole Decisions for Juvenile Offenders

    Alexandra Harrington, Yale

    In the last decade, the Supreme Court has issued a series of decisions giving children sentenced to life without parole hope of a future beyond bars. Most recently, Miller v. Alabama prohibited mandatory life without parole for juveniles, and Montgomery v. Louisiana made Millerretroactive. 

    Montgomery asserted, without further analysis, that the opportunity for parole can remedy a Miller violation: parole ensures that children “who have since matured . . . will not be forced to serve a disproportionate sentence in violation of the Eighth Amendment.” The Court’s vague promise, however, leaves open the important question of what standards, if any, a parole hearing must satisfy in order to comply with Miller’s constitutional requirements.

    As this article details, in response to the Court’s decisions, many states have implemented parole eligibility for juveniles serving long sentences. Yet, some states prohibit judicial review of parole decisions, and others limit review to an assessment of whether the hearing met minimum procedural requirements. This article argues that, post-Montgomery, the parole process itself must be understood to assume constitutional significance and therefore must be accompanied by substantive judicial review to preserve Montgomery’s promise. 

    Here, the Eighth Amendment works in conjunction with due process requirements to necessitate more than mere procedural review; instead, it requires substantive scrutiny of whether the applicant has indeed not been “forced to serve a disproportionate sentence.” Such review would determine, at a minimum, whether parole was denied for reasons unresponsive to the constitutional concerns of demonstrated maturity and rehabilitation.

    Accessing Injustice takes a close look at a part of the criminal justice system that is often unseen.

    The Sentencing Project: Where to Now?

    Bob Rigg, Drake University

    In what started out to be an outline for possible sentences imposed in criminal cases constructed by a Judge of Iowa Court of Appeals, now has become a 500-page document with over 5000 footnotes, incorporating relevant case law and linking each code section to the Iowa Legislature’s website. The evolution from outline to a sentencing project was accomplished by a Judge of the Iowa Court of Appeals, a faculty member of the Drake Legal Clinic, and most importantly by law students. The Sentencing Project, in application and construction, illustrates the development of practical scholarship by a legal clinic. The project, which illuminates the complexity of existing Iowa criminal law, seeks to increase judicial efficiency by presenting a comprehensive document linking criminal offenses to the possible sentencing consequences cited and cross referenced in various sections of the Iowa Code.

    The focus of the presentation will center on the current and future development of the Sentencing Project as well as the feasible technological improvements to the project, where the project came from, where it is, and where it should/could be in the future. In other words where do we go from here?

Session Speakers
Yale Law School
Works-in-Progress Presenter

Drake University Law School
Works-in-Progress Presenter

Session Fees

Fees information is not available at this time.