The Depravity Standard and individualized assessment: A case study modality for Miller resentencing cases

In the wake of Supreme Court decisions Miller v. Alabama (2012), Montgomery v. Louisiana (2016), and Jones v. Mississippi (2020) that collectively abolished mandatory life sentencing for juveniles, individualized assessment of juvenile homicide offenders is paramount. Yet few actuarial tools exist to inform risk assessment. The Depravity Standard, a 25-item inventory designed to operationalize the heinous, cruel, and depraved features of the offense and its offender that bear on aggravating circumstances, is a notable exception. The current case study applies the Depravity Standard to the codefendants in the seminal Miller case, Evan Miller and Colby Smith, and reveals significant differential evidence of depravity in their intent and conduct within the same criminal episode. The Depravity Standard is a valid and reliable way to quantitatively and qualitatively substantiate evidence of aggravation (Miller) and mitigation (Smith) among adolescents who perpetrate homicide offenses even within the context of the same event. The case study demonstrates a methodology to inform individualized assessment that is required by the courts in Miller resentencing cases.