Miller ruling identified five factors to be considered in determining whether (with discretion) to impose a sentence of life without parole on a juvenile: the juvenile's age and immaturity; family home environment; circumstances of the offense, including the role the juvenile had in the offense. These miller factors were not considered nor acknowledged when it came to sentencing Mr. Fitch. Instead, the state waived him up to an adult and sentenced him to 40 years in a maximum security prison at 17 years old.

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