Amici Curiae

The Academy has supported several amici curiae involving the death penalty for the late adolescent class (ages 18 thru 20 years) as well as cases that award a mandatory sentence of life without parole for those under 21 years of age, citing the neuroscience of brain development, such as the underdeveloped orbitofrontal cortex, and how that may influence poor decision-making, impulsive behaviors, etc. Below is a link to one of the recent outcomes in Commonwealth v. Mattis that takes into account that brain development in the late adolescent class is far from complete or static. We are pleased to provide you with this important update from the attorney, Matt Nguyen of Cooley LLP, involved in the case received January 11, 2024:

We write to share some excellent news from the Massachusetts Supreme Judicial Court today. The Court just ruled: "Here, we consider whether our holding in Diatchenko I [that LWOP is unconstitutional for any adolescent under 18] should be extended to apply to emerging adults, that is, those who were eighteen, nineteen, and twenty years of age when they committed the crime. Based on precedent and contemporary standards of decency in the Commonwealth and elsewhere, we conclude that the answer is yes."

Central to the Court's reasoning was the powerful expert testimony of Dr. Galván and Dr. Kinscherff during a lower court hearing. Their expert testimony was then reinforced by our amicus brief (which was filed in late 2022) signed by many of you. We are delighted that your research and contributions have moved the needle forward in Massachusetts--and we are eager to update you when the California Supreme Court rules in their case in the coming weeks.

Cooley recently issued this press release highlighting the landmark decision and our amicus brief’s contribution.