State of Washington v. Scott

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The Supreme Court, in Miller v. Alabama, held that mandatory sentences of life without the possibility of parole are unconstitutional for juvenile offenders. Washington subsequently passed a “Miller fix” statute, RCW 10.73.090.  The “Miller fix” statute provides the opportunity to apply for early release to people who have served at least twenty years of life and long sentences for crimes they committed as children other than aggravated murder.
In an amicus brief in State of Washington v. Scott, the ACLU-WA asserts that the possibility of applying for early release as offered by RCW 10.73.090 is insufficient as a Miller fix. We argued that sentences which were imposed prior to Miller without consideration of youth were inherently flawed and could only be addressed by re-sentencing.