Monday, January 20, 2014

Follow The Law

States Skirting Supreme Court Rulings on Life Without Parole for Juveniles:

In decisions widely hailed as milestones, the United States Supreme Court in 2010 and 2012 acted to curtail the use of mandatory life sentences for juveniles, accepting the argument that children, even those who are convicted of murder, are less culpable than adults and usually deserve a chance at redemption.

But most states have taken half measures, at best, to carry out the rulings, which could affect more than 2,000 current inmates and countless more in years to come, according to many youth advocates and legal experts.

Lawsuits now before Florida’s highest court are among many across the country that demand more robust changes in juvenile justice. One of the Florida suits accuses the state of skirting the ban on life without parole in nonhomicide cases by meting out sentences so staggering that they amount to the same thing.

The plaintiff in one of the Florida lawsuits, Shimeek Gridine, was 14 when he and a 12-year-old partner made a clumsy attempt to rob a man in 2009 here in Jacksonville. As the disbelieving victim turned away, Shimeek fired a shotgun, pelting the side of the man’s head and shoulder.

The man was not seriously wounded, but Shimeek was prosecuted as an adult. He pleaded guilty to attempted murder and robbery, hoping for leniency as a young offender with no record of violence. The judge called his conduct “heinous” and sentenced him to 70 years without parole.

Under Florida law, he cannot be released until he turns 77, at least, several years beyond the life expectancy for a black man his age, noted his public defender, who called the sentence “de facto life without parole” in an appeal to Florida’s high court.
As the article notes, the Court never addressed retroactivity or de facto life sentences (sentencing a 15 year old to a 75 year sentence with no parole) in the Graham or Miller cases; something that has been argued in this forum since the decisions were released.
The 2010 decision, Graham v. Florida, forbade sentences of life without parole for juveniles not convicted of murder and said offenders must be offered a “meaningful opportunity for release based on demonstrated maturity and rehabilitation.” The ruling applied to those who had been previously sentenced.

In its 2012 decision, Miller v. Alabama, the Supreme Court declared that juveniles convicted of murder may not automatically be given life sentences. Life terms remain a possibility, but judges and juries must tailor the punishment to individual circumstances and consider mitigating factors.

The Supreme Court did not make it clear whether the 2012 ruling applied retroactively, and state courts have been divided, suggesting that this issue, as well as the question of de facto life sentences, may eventually return to the Supreme Court.
Predictably, the get tough bloggers are pushing back.
Misgivings about the federal Supreme Court decisions and efforts to restrict their application have come from some victim groups and legal scholars around the country.

“The Supreme Court has seriously overgeneralized about under-18 offenders,” said Kent S. Scheidegger, the legal director of the Criminal Justice Legal Foundation, a conservative group in Sacramento, Calif. “There are some under 18 who are thoroughly incorrigible criminals.”
Nothing like a blogger, with zero training in juvenile matters, passing judgment on the psyche of juvenile offenders.
Some legal experts who are otherwise sympathetic have suggested that the Supreme Court overreached, with decisions that “represent a dramatic judicial challenge to legislative authority,” according to a new article in the Missouri Law Review by Frank O. Bowman III of the University of Missouri School of Law.
Better reasoned, but no. The problem with the Graham and Miller decisions wasn't overreach. It was that they didn't go far enough.

In the spirit of Roper, the court should have invalidated life without parole sentences for any juvenile under the age of 18. There may some "thoroughly incorrigible criminals" under the age of 18, but just as we can't whack them anymore, we shouldn't be playing games with life without parole sentences either.

The court should draw the bright line, eliminate de facto life sentences, and make these decisions retroactive to the thousands of kids (men) who are lingering in prison today, with no chance of release, for crimes they committed when they were teenagers.

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