The Denver Post reports (http://dpo.st/1TkJRS8 ) that the high court’s ruling announced Monday settles the debate over a 2012 ruling that found it unconstitutional to sentence juveniles convicted of murder to automatic life terms without the possibility of parole.
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State are not required to relitigate sentences in each case where juveniles received a mandatory sentence of life without parole, however.
“It’s a continuing observation by the court that juveniles need to be treated, looked at or evaluated somewhat different than adults when they commit a crime”, Plaisance said.
The court in 2012 had ruled that mandatory life sentences violated the U.S. Constitution’s ban on cruel and unusual punishment.
The court ruled 6-3 to reaffirm its 2012 ruling that anyone under the age of 18 can not be sentenced to life without parole as a result of a murder conviction.
Montgomery was brought on behalf of Henry Montgomery, who is serving a mandatory life-without-parole sentence for a crime he committed when he was 17.
Those 16 or 17 years old at the time of the crime would face at least 50 years in prison or life without parole under a version by Republican Sen.
But in the meantime, judges could decide on a case-by-case basis to re-sentence those affected by the Supreme Court’s ruling. Scalia said the decision, while preserving states’ ability to declare a prisoner “incorrigible” and deserving of his sentence, was “a devious way of eliminating life without parole for juvenile offenders”.
The opinion of the court was written by Justice Anthony Kennedy and joined by Chief Justice John Roberts and the court’s four liberal members, Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan, reported NBC News.
Juvenile sentencing has been an area of concern for the nation’s highest court over the past decade.
SCOTUS’ decision reverses the Louisiana Supreme Court’s ruling, sending the case back to the lower courts.
The Supreme Court explained Monday’s decision “ensures that juveniles whose crimes reflected only transient immaturity… will not be forced to serve a disproportionate sentence”. The dissenters also said the Supreme Court lacked jurisdiction to overrule states such as Louisiana.
A U.S. Supreme Court ruling Monday could mean more than a dozen inmates in the region could have a chance to lessen their sentence.
A bill abolishing mandatory life without parole for juveniles is expected in the upcoming session, Moriearty says, noting similar bills have been introduced in previous years.
“We’re continuing to review the order from the court and will hopefully be able to determine that in the days ahead”, he said. “A state may remedy a Miller violation by permitting juvenile homicide offenders to be considered for parole, rather than by resentencing them”, Kennedy wrote.
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“This is a hugely important decision recognizing the capacity of every child to grow and change”, said Joshua Perry, executive director of the Louisiana Center for Children’s Rights, which had filed a brief in the case.
