CRIMINAL PROCEDURE
Supreme Court of Alaska (2023)
Justin T. Reed
In Fletcher v. State, 532 P.3d 286 (Alaska 2023), the supreme court held that Article I, Section 12 of the Alaska Constitution requires a sentencing court to affirmatively consider a juvenile offender’s youth before sentencing a juvenile to the functional equivalent of a life sentence without the possibility of parole. (Id. at 290). At 14 years old, Fletcher plead no contest to three murders. (Id.). Fletcher was subsequently sentenced to a composite 135 years in prison without the possibility of parole. (Id.). In their review of Fletcher’s sentence, the supreme court determined the Alaska Constitution requires a more stringent review of juvenile sentencing than the requirements set forth by the federal constitution. (Id. at 308). The court reasoned that the federal constitution requires that a sentencing court merely has the opportunity to consider a juvenile offender’s youth, and it is assumed that the offender’s sentence will reflect those considerations. (Id.). The Alaska Constitution, however, requires more than an assumption that such considerations will be adequately reflected in sentencing. (Id.). Accordingly, the supreme court held that, when imposing a sentence of life without parole (or its functional equivalent) on a juvenile offender, the Alaska Constitution requires that a sentencing court affirmatively considers the juvenile offender’s youth in rendering the sentence and explains their sentencing decision on the record. (Id. at 290). In support of this holding, the supreme court noted that the federalism concerns in United States Supreme Court cases are not relevant where individual states interpret their own constitutions. (Id. at 308). Moreover, the supreme court noted that Alaska law has a well-established tradition of requiring on-the-record sentencing explanations. (Id. at 309). With these findings in mind, the supreme court found that Fletcher did not receive a sentence in which her youth was properly considered, and remand was warranted to consider such youth and to provide an on-the-record explanation. (Id. at 326). The decision to remand Fletcher’s case illustrates the supreme court’s holding that Article I, Section 12 of the Alaska Constitution requires a sentencing court to affirmatively consider a juvenile offender’s youth before sentencing a juvenile to the functional equivalent of a life sentence without the possibility of parole. (Id. at 290).
