incorrigibility

The Supreme Court adjusted its criteria for juvenile life-without-parole sentencings in 2021, saying “permanent incorrigibility” need not be the standard for a judge who is deciding whether such a sentence is appropriate.

Now, a court must determine whether a juvenile’s crime “was the result of transient immaturity, as opposed to permanent incorrigibility,” in deciding whether life without parole is appropriate, the Court of Appeals wrote.

The Supreme Court ruled in 2012 that juveniles may not be sentenced to life without parole unless a judge considers whether they are “the rare juvenile offender whose crime reflects … permanent incorrigibility.”

“Since then, however, the Supreme Court has held that the Eighth Amendment does not permit a sentence of life without parole for a juvenile homicide offender if a sentencing court determines that the offender’s crime was the result of transient immaturity, as opposed to permanent incorrigibility,” the ruling said.

“Since then, however, the Supreme Court has held that the Eighth Amendment does not permit a sentence of life without parole for a juvenile homicide offender if a sentencing court determines that the offender’s crime was the result of transient immaturity, as opposed to permanent incorrigibility,” the ruling said.