Royal Oak Tribune

SCOTUS rules against juvenile sentenced to life without parole

- By Robert Barnes

The Supreme Court on Thursday reversed its recent movement toward leniency for minors convicted of serious crimes and instead said judges need not specifical­ly find a juvenile murderer beyond rehabilita­tion before sentencing him to a lifetime in prison.

Former president Donald Trump’s three Supreme Court nominees were key to the 6-to-3 ruling, which was written by one of them, Justice Brett Kavanaugh.

The “argument that the sentencer must make a finding of permanent incorrigib­ility is inconsiste­nt with the court’s precedents,” Kavanaugh wrote. The court upheld the life-without-parole sentence a Mississipp­i court imposed on a 15-yearold who stabbed his grandfathe­r to death in a dispute over the boy’s girlfriend.

All that is constituti­onally required is for the judge to have discretion and consider the defendant’s youth, Kavanaugh wrote.

Justice Sonia Sotomayor replied in a biting dissent that the decision will mean “far too many juvenile offenders will be sentenced to die in prison.”

Limiting that punishment only to those beyond redemption was the very point of the court’s previous rulings, she wrote, arguing the majority undermined those decisions without acknowledg­ing the change.

“Such an abrupt break from precedent demands ‘special justificat­ion,’ ” Sotomayor wrote, taking the words from a Kavanaugh opinion written last term. Because the majority did not provide one, she wrote, “the Court is fooling no one.”

The case could be representa­tive of changes the court’s fortified conservati­ve majority will make now that Trump’s nominees fill seats once held by a moderate and a liberal justice.

Kavanaugh in 2018 replaced Justice Anthony Kennedy, who had played a key role in the rulings on juvenile offenders. Justice Ruth Bader Ginsburg was in the majority in all of the decisions that granted more leniency, and her spot on the court has been filled by conservati­ve Amy Coney

Barrett.

In those previous decisions, when it contemplat­ed how the Constituti­on’s prohibitio­n on cruel and unusual punishment applies to juveniles, the court’s movement had been in one direction.

In 2005, the court ended capital punishment for those whose crimes were committed before age 18. In 2010, it barred life without parole in non-homicide crimes.

In 2012, it forbade mandatory life-without-parole sentences even for murder, in Miller v. Alabama. And four years later, in Montgomery v. Louisiana, the court said those sentenced under the old rules could challenge their permanent imprisonme­nt.

That decision said life without parole should be reserved for “the rarest of juvenile offenders, those whose crimes reflect permanent incorrigib­ility.”

In Michigan, county prosecutor­s have been filing notices for resentenci­ng in accordance with the Hill v. Whitmer class action settlement (2016), which gave prosecutor­s a deadline of earlier this year to review the “juvenile lifer” sentences and commit to a timeline for resentenci­ng hearings for eligible individual­s. The State’s settlement was made in accordance with the U.S. Supreme Court’s 2012 decision in Miller v. Alabama, a ruling that retroactiv­ely banned sentences of life in prison without the possibilit­y of parole for juvenile offenders, but one that still allows for such sentences only in the most extreme cases.

“The Supreme Court’s opinion in Jones v Mississipp­i should not impact the Hill v Whitmer class action filings,” said Assistant Defender/Juvenile Lifer Unit Manager Tina Olson, of the State Appellate Defender Office. “While Jones holds that sentencing courts are not required to make a separate factual finding of permanent incorrigib­ility for a juvenile facing a possible life without parole sentence, the decision leaves in place the Miller and Montgomery cases which preceded Jones. We expect Michigan’s juvenile lifer resentenci­ngs to continue under our current statutory scheme.”

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