christiefan915
Catalyst
Thank goodness for common sense. Of course the triumvirate of petulance (Scalia, Thomas, Alito) thinks otherwise.
"The U.S. Supreme Court on Monday ruled that a mandatory sentence of life without parole for juvenile offenders is unconstitutional in all settings and made its previous finding on the matter retroactive. That means that as many as 2,000 such offenders across the country — including 479 in Pennsylvania and 37 in Allegheny County — will have the opportunity to seek release from prison.
Justice Anthony Kennedy wrote in the opinion that the changes implemented under the court’s 2012 opinion in Miller v. Alabama are substantive and therefore must be applied retroactively.
“Miller’s conclusion that the sentence of life without parole is disproportionate for the vast majority of juvenile offenders raises a grave risk that many are being held in violation of the Constitution,” he wrote. The case decided Monday on a 6-3 vote, Montgomery v. Louisiana, involves Henry Montgomery, who was 17 in 1963 when he killed Deputy Sheriff Charles Hurt in East Baton Rouge, La.
Montgomery, now 69, sought review of his case after the Miller decision made mandatory life without parole for juveniles unconstitutional as cruel and unusual punishment. Under Miller, the court found that juveniles are inherently different from adults, “in their diminished culpability and greater prospects for reform.” Therefore, it said that a sentencing judge must consider a juvenile’s age, level of maturity, family and home environment, the extent of participation in the crime, the impact of family and peer pressure, and the possibility of rehabilitation before handing down punishment.
The decision did not foreclose the possibility of life without parole, although the court specifically found that it would be in the most rare of circumstances. That decision, however, did not specify whether Miller ought to be applied retroactively, and courts across the country split on the issue. Louisiana, like Pennsylvania and five other states, said that Miller did not apply to offenders sentenced prior to the 2012 opinion. Therefore, Montgomery’s petition failed until he sought review at the U.S. Supreme Court, which heard argument Oct. 13.
“Today, the Supreme Court has recognized that justice must not depend on geography or the date on a calendar. While many states have already recognized the fundamental fairness of applying Miller retroactively, Louisiana and several other states continued to violate the constitutional rights of these men and women,” said Marsha Levick, deputy director of the Juvenile Law Center and co-counsel on the case, in a statement. “Now, Mr. Montgomery, along with hundreds of others who committed crimes as youth and were sentenced prior to 2012, will have an opportunity to have their sentences reviewed.”
(Continued)
http://www.post-gazette.com/news/st...ces-for-youths-are-wrong/stories/201601260032
"The U.S. Supreme Court on Monday ruled that a mandatory sentence of life without parole for juvenile offenders is unconstitutional in all settings and made its previous finding on the matter retroactive. That means that as many as 2,000 such offenders across the country — including 479 in Pennsylvania and 37 in Allegheny County — will have the opportunity to seek release from prison.
Justice Anthony Kennedy wrote in the opinion that the changes implemented under the court’s 2012 opinion in Miller v. Alabama are substantive and therefore must be applied retroactively.
“Miller’s conclusion that the sentence of life without parole is disproportionate for the vast majority of juvenile offenders raises a grave risk that many are being held in violation of the Constitution,” he wrote. The case decided Monday on a 6-3 vote, Montgomery v. Louisiana, involves Henry Montgomery, who was 17 in 1963 when he killed Deputy Sheriff Charles Hurt in East Baton Rouge, La.
Montgomery, now 69, sought review of his case after the Miller decision made mandatory life without parole for juveniles unconstitutional as cruel and unusual punishment. Under Miller, the court found that juveniles are inherently different from adults, “in their diminished culpability and greater prospects for reform.” Therefore, it said that a sentencing judge must consider a juvenile’s age, level of maturity, family and home environment, the extent of participation in the crime, the impact of family and peer pressure, and the possibility of rehabilitation before handing down punishment.
The decision did not foreclose the possibility of life without parole, although the court specifically found that it would be in the most rare of circumstances. That decision, however, did not specify whether Miller ought to be applied retroactively, and courts across the country split on the issue. Louisiana, like Pennsylvania and five other states, said that Miller did not apply to offenders sentenced prior to the 2012 opinion. Therefore, Montgomery’s petition failed until he sought review at the U.S. Supreme Court, which heard argument Oct. 13.
“Today, the Supreme Court has recognized that justice must not depend on geography or the date on a calendar. While many states have already recognized the fundamental fairness of applying Miller retroactively, Louisiana and several other states continued to violate the constitutional rights of these men and women,” said Marsha Levick, deputy director of the Juvenile Law Center and co-counsel on the case, in a statement. “Now, Mr. Montgomery, along with hundreds of others who committed crimes as youth and were sentenced prior to 2012, will have an opportunity to have their sentences reviewed.”
(Continued)
http://www.post-gazette.com/news/st...ces-for-youths-are-wrong/stories/201601260032
