Under 18 Sentencing

Max. Jail/Prison Time:

❖ categorical rule—cannot sentence to life without parole⁵³⁰⁹

❖ for violations of § 707.2, murder in the first degree, sentenced per § 902.1(2)

❖ for commission of any other "A" felony, sentenced per § 902.1(3)

❖ for violations of the following chapters, see § 903.1(3):

321

321G

321I

453A

461A

461B

462A

481A

481B

483A

484A

484B

Mand. Min. before Parole Eligible:

❖ before can impose mandatory minimum, must consider youth and its attendant circumstances as a mitigating factor⁵³¹⁰

However, "Miller [v. Alabama] requires 'more than a generalized notion of taking age into consideration as a factor in sentencing.'"⁵³¹¹

"[Sentencing] court must expressly recognize certain concepts and 'should make findings why the general rule [that children are constitutionally different from adults] does not apply. '"⁵³¹²

Sentencing court must consider the following factors:

— "(1) the 'chronological age' of the youth and the features of youth, including 'immaturity, impetuosity, and failure to appreciate risks and consequences'; (2) the 'family and home environment' that surrounded the...