Child-Maltreatment-Research-L (CMRL) List Serve

Message ID: 10953

Date: 2021-06-15

Author:Frank Vandervort

Subject:Re: high ACES score and mitigation in criminal sentencing

Hi Lisa, There is a long history, and many cases, that discuss problematic childhood experiences as a mitigating factor at sentencing, Most of these cases do not use the term "adverse childhood experiences," but apply the concept. The leading case is, perhaps, Miller v Alabama (slip opinion attached), in with the United States Supreme Court ruled that a juvenile who commits homicide cannot automatically sentenced to life without parole. Again, Miller does not discuss ACES per se, but it requires the court to look at issues such as trauma from things like child maltreatment in sentencing. Miller was preceded by two important cases, Graham v Florida (which held that a juvenile cannot be sentenced to life without parole for a non-homicide offense) (link here:https://www.law.cornell.edu/supct/html/08-7412.ZO.html) and Roper v Simmons (which held the death penalty unconstitutional as applied to a juvenile even for a henious murder) (https://www.law.cornell.edu/supct/html/03-633.ZS.html). All three cases focus of normative adolescent development, but Miller speaks explicitly to traumatic experiences in childhood. Another place to look is death penalty cases There has been a long history of looking at childhood malteratment and trauma as a mitigating factor. I hope this helps. If you have other questions, I'm happy to help. Take care, Frank Vandervort On Tue, Jun 15, 2021 at 11:32 AM Lisa Fontes > wrote: Dear Colleagues, Are any of you familiar with legal cases in which a high ACES score has been used to argue for a more lenient sentence for someone who has committed a serious crime? I would be interested in anything and everything related to this topic. Feel free to write me privately at: LFontes@rcn.com Many thanks, Lisa Aronson Fontes, Ph.D. Senior Lecturer II University of Massachusetts Amherst -- Frank E. Vandervort Clinical Professor of Law University of Michigan Law School 701 South State Street Ann Arbor, MI 48109 (734) 647-3168

Hi Lisa, There is a long history, and many cases, that discuss problematic childhood experiences as a mitigating factor at sentencing, Most of these cases do not use the term "adverse childhood experiences," but apply the concept. The leading case is, perhaps, Miller v Alabama (slip opinion attached), in with the United States Supreme Court ruled that a juvenile who commits homicide cannot automatically sentenced to life without parole. Again, Miller does not discuss ACES per se, but it requires the court to look at issues such as trauma from things like child maltreatment in sentencing. Miller was preceded by two important cases, Graham v Florida (which held that a juvenile cannot be sentenced to life without parole for a non-homicide offense) (link here:https://www.law.cornell.edu/supct/html/08-7412.ZO.html) and Roper v Simmons (which held the death penalty unconstitutional as applied to a juvenile even for a henious murder) (https://www.law.cornell.edu/supct/html/03-633.ZS.html). All three cases focus of normative adolescent development, but Miller speaks explicitly to traumatic experiences in childhood. Another place to look is death penalty cases There has been a long history of looking at childhood malteratment and trauma as a mitigating factor. I hope this helps. If you have other questions, I'm happy to help. Take care, Frank Vandervort On Tue, Jun 15, 2021 at 11:32 AM Lisa Fontes > wrote: Dear Colleagues, Are any of you familiar with legal cases in which a high ACES score has been used to argue for a more lenient sentence for someone who has committed a serious crime? I would be interested in anything and everything related to this topic. Feel free to write me privately at: LFontesrcn.com Many thanks, Lisa Aronson Fontes, Ph.D. Senior Lecturer II University of Massachusetts Amherst -- Frank E. Vandervort Clinical Professor of Law University of Michigan Law School 701 South State Street Ann Arbor, MI 48109 (734) 647-3168