Death Penalty Opponents Should Rethink Their Support for Life Without Parole Sentences

AUSTIN SARAT

Austin Sarat—Associate Provost and Associate Dean of the Faculty and Professor of Jurisprudence & Political Science at Amherst College—argues that life sentences without the possibility of parole (LWOP) are as problematic and damaging as the death penalty. For this reason, Professor Sarat calls upon death penalty opponents to reconsider their support for LWOP sentences.

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Comcast of Maine/New Hampshire v. Mills

Court: US Court of Appeals for the First Circuit

Docket: 20-1104

Opinion Date: February 24, 2021

Judge: Kermit Victor Lipez

Areas of Law: Communications Law

The First Circuit affirmed the judgment of the district court granting a preliminary injunction against enforcement against a State of Maine law requiring cable operators to offer their subscribers the option of buying access to cable programs and channels individually, rather than bundled together in a channel or package of channels, holding that the district court did not err. Plaintiffs, a group of cable operators and programmers, sought a preliminary injunction against enforcement of the law, arguing that it was preempted by certain provisions of the federal Communications Act and that it violated the First Amendment. The district court granted the injunction on First Amendment grounds. The First Circuit affirmed, holding (1) the district court correctly determined that the law triggered heightened First Amendment scrutiny because it singled out cable operators; and (2) because Maine conceded that, at this point in the litigation, it had not offered sufficient evidence in support of the law to survive any heightened level of scrutiny, the district court correctly entered a preliminary injunction delaying enforcement of the law.

Doe v. Griffin

Court: US Court of Appeals for the Sixth Circuit

Dockets: 20-5852, 20-5850

Opinion Date: February 23, 2021

Judge: Gibbons

Areas of Law: Civil Procedure, Communications Law

High school students from Kentucky received widespread attention for their conduct at the Lincoln Memorial during the 2019 March for Life rally. An incident occurred after the march between Covington Catholic students, including the plaintiffs, and others, including “a self-described Native American Elder.” In the wake of negative coverage and critical posts on social media, the students sued several media defendants and people who had engaged in online commentary about the incident, alleging civil harassment, harassing communications, menacing, and terroristic threatening. The Sixth Circuit affirmed the dismissal of the cases against Twitter users Chandrasekhar, a doctor who lives in New Jersey, and Griffin, a comedian who lives in California, for lack of personal jurisdiction. The court rejected an argument that filing a notice of appearance automatically waives the personal jurisdiction defense; precedent that seemingly implied such a rule involved the defendant’s extensive participation in the litigation. Griffin had not filed any responsive pleading that omitted the defense, nor had she “participated in any other way that would lead plaintiffs to conclude that [she] would not assert the defense.” The defendants’ conduct is plainly outside the scope of the Kentucky long-arm statute since neither Griffin nor Chandrasekhar committed any act “in [the] Commonwealth” of Kentucky under KRS 454.210(2)(a)(3).

United States v. Kimball

Court: US Court of Appeals for the Sixth Circuit

Docket: 20-5682

Opinion Date: February 25, 2021

Judge: Per Curiam

Areas of Law: Civil Rights, Communications Law, Criminal Law

In 2004, Kimball was convicted of multiple drug-trafficking, weapons, money-laundering offenses, soliciting murder, witness tampering, and obstruction of justice. He was sentenced to two consecutive terms of life imprisonment plus 15 years. The Sixth Circuit affirmed. In April 2020, Kimball sought compassionate release, asserting that there were extraordinary and compelling reasons warranting compassionate release because he is at high risk of severe illness or death from COVID-19 based on his age (67) and medical conditions (hypertension, heart problems, high cholesterol, and gout) and that the 18 U.S.C. 3553(a) factors weighed in favor of release. The Sixth Circuit affirmed the denial of relief, rejecting Kimball’s argument that the time he has already served—approximately 17 years—is sufficient to serve the section 3553(a) goals because his offense did not involve any “actual violence” and he is statistically unlikely to re-offend based on his age. The court noted that when it affirmed his effective life sentence, he was the “undisputed kingpin and mastermind” of a “massive cocaine-trafficking conspiracy.” The district court’s order noted that its decision rested at least in part on the section 3553(a) factors; courts may deny relief under those factors “even if 'extraordinary and compelling’ reasons would otherwise justify relief.” Even if the district court “mistakenly limited itself to the commentary’s list of extraordinary and compelling reasons," that would not entitle him to relief.