Juvenile Justice Information Exchange (https://jjie.org/tag/juvenile-life-without-parole/page/2/)
Pennsylvania's Supreme Court on Wednesday ruled a U.S. Supreme Court decision that declared sentences of life without parole for juveniles unconstitutional cannot be applied retroactively, striking a significant blow to hundreds of inmates statewide.
Connecticut’s Sentencing Commission is currently evaluating a proposal that would outlaw juvenile sentences of 10 years or greater without parole opportunities, The CT Mirror reports. The proposal, if enacted, would affect every juvenile in the state currently sentenced to 10 or more years. Offenders sentenced to 60 years or less would have parole hearings after serving half of their sentences, while offenders sentenced to 60 or more years under the proposal would have parole eligibility after serving 30 years. Under the sentence modifications, young people sentenced to 20 years would become eligible for parole by the time they were 24, while 17-year-olds sentenced to 60 or more years would have parole opportunities when they turned 47. The proposal includes an additional plan that would seek to develop “Certificate of Rehabilitation“ programs, which are “aimed at reducing barriers faced by individuals with convictions and encouraging reintegration into communities.”
A public hearing on the proposal will be held on Nov.
Less than three weeks after a Supreme Court ruling mandated it, an Iowa court gives two inmates the right to appeal the life without parole sentences they were given years ago when they were 17 years old. “We’re thrilled to see these concrete steps being made,” said Jody Kent Lavy, director of the Campaign for the Fair Sentencing of Youth. “They are obviously required to do so,” she added. The Iowa cases may be the first nationwide re-opened under Miller v. Alabama. The Supreme Court said in Miller that sentencing judges must consider mitigating factors in dealing with juvenile homicide cases.
WASHINGTON - While most of the nation anxiously awaits a ruling by the U.S. Supreme Court on the constitutionality of the federal health care law, juvenile justice reform advocates are on tenterhooks over a ruling expected next week over mandatory sentencing of juveniles to life without parole. At stake is the question of whether it is cruel and unusual punishment to put minors in prison for the rest of their lives without any possibility of release, even if they killed someone or were involved in a murder, without considering their age or circumstances. The court’s ruling will be on two separate but related cases involving two 14-year-old boys sentenced to life without parole under mandatory sentencing laws in their states, Alabama and Arkansas. On two previous occasions, the Supreme Court has affirmed that under the Eighth Amendment, juveniles could not be given death sentences or life sentences without parole for crimes other than murder because to do so would be excessive. Now, it must decide whether it is excessive for states to do so even in the case of murder or manslaughter.
A number of racial discrepancies were found among Michigan’s juvenile life without parole (JLWOP) population in a new report released by the American Civil Liberties Union in conjunction with Second Chance 4 Youth. The state’s JLWOP population is the second highest in the nation trailing Pennsylvania. The report, Basic Decency: An Examination of Natural Life Sentences for Michigan Youth, analyzes Michigan’s juvenile justice system and was overseen by lawyer Deborah LaBelle, director of the Juvenile Life Without Parole Initiative. On average, juveniles charged with murder were 22 percent less likely to receive plea offers if the victim were white rather than African-American, the report states. Additionally, the researchers say the makeup of youths serving life sentences within Michigan are heavily skewed towards racial minorities, who constitute almost three- quarters of the state’s JLWOP population despite representing only 29 percent of the state’s total juvenile population.
The continuing debate about sentencing juveniles to life without parole has real-world implications for a 12-year-old boy in Jacksonville, Fla., accused of killing his two-year-old half-brother. The Florida attorney general, Angela Corey (pictured at left) charged Christian Fernandez as an adult in the first-degree murder case. Corey quoted in the Florida Times-Union, said eight years was not enough time to rehabilitate Fernandez. But his adult status leaves Fernandez open to the possibility of a life sentence. The Times-Union story describes how Corey’s staff spent two months examining the 12-year-old before deciding how to charge him. The story also takes a long look at the history of juvenile life without parole sentences.