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Tuesday, June 26, 2012

U.S. Supreme Court Bans Mandatory Life-Without-Parole Sentences for Children Convicted of Homicide

http://www.eji.org/eji/node/646

EXCERPT:
The U.S. Supreme Court today issued an historic ruling in Miller v. Alabama and Jackson v. Hobbs holding that mandatory life-without-parole sentences for all children 17 or younger convicted of homicide are unconstitutional. Kuntrell Jackson and Evan Miller, sentenced to life in prison without parole at 14, are now entitled to new sentencing hearings. Today’s ruling will affect hundreds of individuals whose sentences did not take their age or other mitigating factors into account.

The Court today struck down statutes in 29 states that provide for mandatory life-without-parole sentences for children, reasoning that mandatory imposition of life-without-parole sentences on children “contravenes Graham’s (and also Roper’s) foundational principle: that imposition of a State’s most severe penalties on juvenile offenders cannot proceed as though they were not children.”

"This is an important win for children. The Court took a significant step forward by recognizing the fundamental unfairness of mandatory death-in-prison sentences that don't allow sentencers to consider the unique status of children and their potential for change," said Bryan Stevenson, Executive Director of the Equal Justice Initiative, who represents Jackson and Miller. "The Court has recognized that children need additional attention and protection in the criminal justice system.”

Today’s decision requires the lower courts to conduct new sentencing hearings where judges will have to consider children’s individual characters and life circumstances, including age, as well as the circumstances of the crime.

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