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LIFE WITHOUT PAROLE

Jones v. Mississippi

Issues

Does the Eighth Amendment require a factual finding that a juvenile defendant is incorrigible before the juvenile defendant can be sentenced to life without parole?

This case asks the Court to decide whether a state may impose a sentence of life without parole on a juvenile who is found guilty of murder without first finding that the juvenile is permanently incorrigible. Petitioner Brett Jones contends that the Supreme Court’s Eighth Amendment jurisprudence on cruel and unusual punishment categorically prohibits a life sentence without parole for a juvenile offender who is not permanently incorrigible and requires courts to make a factual finding on incorrigibility. Respondent Mississippi counters that the Eighth Amendment imposes no such requirement, claiming that the Supreme Court’s Eighth Amendment jurisprudence only forbids states from imposing mandatory life without parole sentences on juvenile offenders. The outcome of this case has significant policy implications because it raises concerns of federalism, transparency in sentencing procedures, and impact on victims.

Questions as Framed for the Court by the Parties

Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole.

In August, 2004, Petitioner Brett Jones ("Jones") lived with his grandparents, Bertis and Madge Jones in Lee County, Mississippi. Jones v. State at 3–4. At the time, Jones was fifteen years old and legally a minor in the state of Mississippi. Id. at 13. On August 9, 2004, Jones had an argument with his grandfather. Id. at 4. Jones claims that during the argument, his grandfather pushed him and he pushed his grandfather back.

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