Inland Valley Daily Bulletin

Limits on life terms for youths are rejected

- By Adam Liptak

WASHINGTON » The Supreme Court ruled Thursday that judges need not determine that juvenile offenders are beyond hope of rehabilita­tion before sentencing them to die in prison. The decision, concerning a teenager who killed his grandfathe­r, appeared to signal the end of a trend that had limited the availabili­ty of severe punishment­s for youths who commit crimes before they turn 18.

Justice Brett Kavanaugh, writing for the majority in the 6-3 ruling, said it was enough that the sentencing judge exercised discretion rather than automatica­lly imposing a sentence of life without parole.

“In a case involving an individual who was under 18 when he or she committed a homicide,” he wrote, “a state’s discretion­ary sentencing system is both constituti­onally necessary and constituti­onally sufficient.”

No specific finding concerning the defendant’s maturity or capacity for change was required, he wrote.

The ruling drew a caustic dissent from Justice Sonia Sotomayor, who accused the majority of gutting two major precedents.

Over the past 16 years, the court, often led by Justice Anthony Kennedy, methodical­ly limited the availabili­ty of the harshest penalties for crimes committed by juveniles, first by striking down the juvenile death penalty and then by restrictin­g sentences of life without the possibilit­y of parole.

But Kennedy retired in 2018, and the court, now dominated by six conservati­ve members, does not seem to have enthusiasm for continuing his project.

Thursday’s decision, Jones v. Mississipp­i, No. 18-1259, concerned Brett Jones, who had recently turned 15 in 2004 when his grandfathe­r discovered his girlfriend in his room. The two men argued and fought, and the youth, who had been making a sandwich, stabbed his grandfathe­r eight times, killing him.

In 2005, Jones was convicted of murder and sentenced to life without the possibilit­y of parole, then the mandatory penalty under state law. That same year, the Supreme Court ruled in Roper v. Simmons that the death penalty for juvenile offenders was unconstitu­tional.

In 2012, in Miller v. Alabama, the court extended the logic of the Roper decision to ban mandatory lifewithou­t-parole sentences like the one imposed on Jones. The decision repeatedly criticized mandatory sentences, suggesting that only ones in which judges could take account of the defendant’s age were permissibl­e.

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