Teen killer’s life term is upheld

Justices make it easier for juveniles convicted of murder to be denied parole.

WASHINGTON — The Supreme Court on Thursday upheld a life term in prison without parole for a defendant who was 15 when he fatally stabbed his grandfather in Mississippi, ruling that a sentencing judge need not decide that the young person was “permanently incorrigible.”

The 6-3 decision retreats somewhat from a pair of earlier rulings, which said that such life sentences for minors convicted of murder should be extremely rare and limited to cases in which there was no reason to hope the young person could be rehabilitated.

California and 24 other states have abolished life terms with no hope for parole for offenders younger than 18. But Justice Sonia Sotomayor said such prison terms remain shockingly common in parts of the Deep South, particularly for young people of color.

As of last year, “Louisiana had imposed LWOP [life without parole] on an astonishing 57% of eligible juvenile offenders” since 2012, when the court called for restricting such sentences, she said. In 2016, the court gave these inmates a chance to seek a new sentence with possible parole, but the Mississippi courts have rejected one-fourth of such appeals, she said.

“The harm from these sentences will not fall equally. The racial disparities in juvenile LWOP sentencing are stark: 70% of all youths sentenced to LWOP are children of color,” she said, citing a study from the Juvenile Law Center.

Five years ago, the court gave new hope to the more than 2,000 inmates who had been sentenced to life terms for crimes they committed as minors. The justices said the inmates had a right to seek a new sentencing hearing and possible parole in the future. But the court’s opinion did not say precisely what judges must consider in deciding such cases.

At issue Thursday was whether the defendant’s life term with no parole should be set aside unless the judges concluded he was “incorrigible” and could not be rehabilitated.

The justices divided along ideological lines, with the six conservatives in the majority and the three liberals in dissent.

Justice Brett M. Kavanaugh, speaking for the court in Jones vs. Mississippi, said judges are required to weigh the defendant’s age as a mitigating factor before imposing a punishment for a homicide. “The court’s decision today carefully follows” the earlier rulings, which did not prohibit such life terms, he said. Kavanaugh added that the sentencing decision remains in the hands of the judge who heard the case, and the judge need not go further and decide the defendant was beyond redemption.

Brett Jones, then 15, was convicted of murdering his grandfather in 2004. His mandatory life sentence was overturned when the high court barred such sentences in 2012, but a judge later decided a life term was proper for Jones.