John,
Yesterday’s Washington Supreme Court ruling in the case of Kimonti Carter and Shawn Reite is an indication of the growing trend towards safeguarding the opportunities for youth and emerging adults to have second chances. The Court affirmed the state’s authority to issue sentences less than life-without-parole for emerging adults, noting the heightened capacity for change among those under 21 years old.
Incarcerated for crimes when they were 18 and 20, respectively, Carter and Reite had spent nearly 60 years in prison combined. In 2021, the Washington Supreme Court declared in Monschke that mandatory life without parole sentences for individuals under 21 are unconstitutional and the two were released with “time served” at their resentencing. A key issue in the appeal of their release was whether the lower court had the authority to resentence them. This new ruling affirms their authority, noting its consistency with their precedent and recognition of youth’s heightened capacity for change.
Human development does not end at age 18. Emerging adults, even those who make tragic mistakes, have great potential for growth and transformation. Given the disproportionate imposition of extreme sentences on Black young adults, as documented in The Sentencing Project’s report, "Left to Die in Prison," rulings like this help to eradicate racial injustice in the criminal legal system.
Washington is among three states that have expanded upon the U.S. Supreme Court rulings to restrict LWOP sentences for young adults. The Sentencing Project advocates that individuals sentenced as youth or emerging adults be afforded a review within the first 10 years of their sentence and a sentence cap at 15 years.
