demonstrated maturity and 130 S. Ct. at 2030. As Graham, rehabilitation.” makes clear, the Eighth Amendment States from making Graham “forbid[s] the judgment at the outset that [juvenile] offenders never will be fit to at 2032. Juveniles who receive non-life without parole Id. reenter society.” sentences not be deprived of the opportunity to achieve maturity of “should judgment and self-recognition of human worth and at 2032. Id. potential.” Therefore, absent a finding that the juvenile is among the most culpable juvenile offenders, a sentencer cannot replace a without “life parole” sentence with a sentence that is the functional equivalent of life without parole and where the opportunity for release within the lifetime juvenile’s is not G044703, at 33 (Cal. Ct. See, e.g., People v. Ramirez, “meaningful.” App. Sept. 12, 2013) (explaining that a that amounts to LWOP, “sentence does not satisfy Miller”). See also People v. Caballero, 55 Cal.4th at 268-69. For an opportunity for release to be under Graham, “meaningful” review must begin long before a juvenile is approaching the end of his or her life. The U.S. Supreme Court has noted most teens, [risky or that“‘[f]or antisocial] behaviors are fleeting; they cease with maturity as individual identity becomes settled. Only a relatively small proportion of adolescents who experiment in risky or illegal activities develop entrenched patterns of problem behavior that persist into 543 U.S. at 570 Roper, adulthood.’” (quoting Steinberg & Scott, Less Guilty by Reason of Adolescence: Developmental Immaturity, Diminished Responsibility, and the Juvenile
demonstrated maturity and rehabilitation.” Graham, 130 S. Ct. at 2030. As Graham makes clear, the Eighth Amendment “forbid[s] States from making the judgment at the outset that [juvenile] offenders never will be fit to reenter society.” Id. at 2032. Juveniles who receive non-life without parole sentences “should not be deprived of the opportunity to achieve maturity of judgment and self-recognition of human worth and potential.” Id. at 2032. Therefore, absent a finding that the juvenile is among the most culpable juvenile offenders, a sentencer cannot replace a “life without parole” sentence with a sentence that is the functional equivalent of life without parole and where the opportunity for release within the juvenile’s lifetime is not “meaningful.” See, e.g., People v. Ramirez, G044703, at 33 (Cal. Ct. App. Sept. 12, 2013) (explaining that a “sentence that amounts to LWOP, does not satisfy Miller”). See also People v. Caballero, 55 Cal.4th at 268-69. For an opportunity for release to be “meaningful” under Graham, review must begin long before a juvenile is approaching the end of his or her life. The U.S. Supreme Court has noted that“‘[f]or most teens, [risky or antisocial] behaviors are fleeting; they cease with maturity as individual identity becomes settled. Only a relatively small proportion of adolescents who experiment in risky or illegal activities develop entrenched patterns of problem behavior that persist into adulthood.’” Roper, 543 U.S. at 570 (quoting Steinberg & Scott, Less Guilty by Reason of Adolescence: Developmental Immaturity, Diminished Responsibility, and the Juvenile
Gutierrez%20JLC%20Amicus%20Brief%209-16-13%20changes%20accepted%20(2).docx