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1 1 (October 30, 2020)

handle is hein.crs/govdcjp0001 and id is 1 raw text is: * Congessoa Research Servi Jones v. Mississippi: Juvenile Life Without Parole Back at the Supreme Court October 30, 2020 On November 3, 2020, the Supreme Court is scheduled to hear oral argument in Jones v. Mississippi, a case concerning whether the Eighth Amendment's ban on cruel and unusual punishments requires a finding that a juvenile offender is permanently incorrigible before the juvenile may be sentenced to life in prison without the possibility of parole. Last term, the Court heard argument in Mathena v. Mal vo, which also raised an Eighth Amendment challenge to a juvenile life without parole sentence; however, as a previous Legal Sidebar explained, the Court ultimately dismissed Malvo when a change in state law rendered that case moot. Soon after dismissing Malvo, the Court granted certiorari in Jones. As discussed further below, the legal issue presented in Jones is similar to the issue presented in Malvo, although the Court itself has changed in the interim due to the death of Justice Ruth Bader Ginsburg and the confirmation of Justice Amy Coney Barrett to fill her seat. This Legal Sidebar first surveys key Eighth Amendment jurisprudence relevant to Jones before briefly presenting the background of the case and the parties' arguments before the Supreme Court. The Sidebar concludes by discussing possible outcomes in Jones and their implications for Congress. The Eighth Amendment The Eighth Amendment, which applies to both the states and the federal government, provides: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The Eighth Amendment's ban on cruel and unusual punishments limits the sanctions that may be imposed as a result of a criminal conviction. As a procedural matter, criminal sentences are usually determined by a judge in separate proceedings following conviction, though some states allow juries to determine sentences. Federal and state law may create a range of possible penalties for a given offense and provide guidance for sentencers determining what penalty to impose. Some criminal offenses carry mandatory minimum penalties, which in some circumstances may include a mandatory life sentence without the possibility of parole. The Supreme Court has interpreted the Eighth Amendment's ban on cruel and unusual punishments to prohibit the use of certain forms of punishment categorically, including drawing and quartering, hard and painful labor, and revocation of the citizenship of a natural-born citizen. In addition, the Court has held that certain punishments that are permissible in some circumstances are nonetheless unconstitutional as Congressional Research Service https://crsreports.congress.gov LSB10548 CRS Legal Siebar Prepared for Menbersand Commi ----es o Cong rss-----------------------------------

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