Growing Pains: The Evolution of JLWOP Sentences in Washington

Abstract: In 2021, the Washington State Supreme Court abolished de facto life sentences— those that amount to a life sentence despite not carrying the life without parole label—for juvenile offenders, finding them unconstitutional under article 1, section 14 of the Washington Constitution. In 2022, less than a year later, the Court reversed course in the case of State v. Anderson by upholding a sixty-one-year sentence for crimes a juvenile offender committed at age seventeen. The Washington State Supreme Court’s decision in Anderson runs contrary to what modern science demonstrates about the diminished culpability of juvenile offenders, and it runs contrary to the juvenile sentencing jurisprudence in Washington. This Comment proceeds by first examining the science behind the diminished culpability of the juvenile offender. Second, it traces the evolution of juvenile life without parole (JLWOP) sentences under the Eighth Amendment of the United States Constitution. Third, it explores the current state of JLWOP sentences in Washington under article 1, section 14 of the Washington Constitution. Fourth, it provides a comprehensive view of Washington’s parole system for juvenile offenders. Finally, it highlights errors in the Washington State Supreme Court’s decision in State v. Anderson and provides workable solutions for sentencing courts in the future.