In November 1999, petitioner Kuntrell Jackson, then 14 years old, and two other boys decided to rob a video store. En route to the store, Jackson learned that one of the boys, Derrick Shields, was carrying a sawed-off shotgun in his coat sleeve. Jackson decided to stay outside when the
two other boys entered the store. Inside, Shields pointed the gun at the store clerk, Laurie Troup, and demanded that she “give up the money.” .... Troup refused. A few moments later, Jackson went into the store to find Shields continuing to demand money. At trial, the parties disputed whether Jackson warned Troup that “[w]e ain’t playin’,” or instead told his friends, “I thought you all was playin’.” .....When Troup threatened to call the police, Shields shot and killed her. The three boys fled empty-handed.......
Like Jackson, petitioner Evan Miller was 14 years old at the time of his crime. Miller had by then been in and out of foster care because his mother suffered from alcoholism and drug addiction and his stepfather abused him. Miller, too, regularly used drugs and alcohol; and he had attempted suicide four times, the first when he was six years old.... One night in 2003, Miller was at home with a friend, Colby Smith, when a neighbor, Cole Cannon, came to make a drug deal with Miller’s mother.... The two boys followed Cannon back to his trailer, where all three smoked marijuana and played drinking games. When Cannon passed out, Miller stole his wallet, splitting about $300 with Smith. Miller then tried to put the wallet back in Cannon’s pocket, but Cannon awoke and grabbed Miller by the throat. Smith hit Cannon with a nearby baseball bat, and once released, Miller grabbed the bat and repeatedly struck Cannon with it. Miller placed a sheet over Cannon’s head, told him “‘I am God, I’ve come to take your life,’” and delivered one more blow. .... The boys then retreated to Miller’s trailer, but soon decided to return to Cannon’s to cover up evidence of their crime. Once there, they lit two fires. Cannon eventually died from his injuries and smoke inhalation.
Thus we are looking at a non-shooter in one murder case AND a alcoholic drug addict, whose family was alcoholic and drug addicted and abusive to him.
Yes, neither of these 14 year olds were model citizens, but both also have serious problem that they had no control over. No one is calling these crimes anything less then severe, the only issue is to cruel and unusual punishment to give the Judge and Jury deciding the case against them NO discretion as to the sentence. The Judge and Jury HAD to impose Life without parole, NOT just sentence the defendants to life without parole among other possible sentences.
Thus the Judges had no problem with a Sentence of Life imprisonment without the possibility of parole in both these cases, the sole objection is that life without parole was the ONLY choice for the Judge and Jury. Given 10-20 years of intensive treatment these kids could come out of prison and never commit another crime, becoming model citizens. All the court ruled was that option should be open to them, not that the state can NOT keep them in Prison for the rest of their lives.
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