San Diego Union-Tribune

COURT: LIFE WITHOUT PAROLE FOR MINORS OK’D

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The Supreme Court made it easier Thursday to sentence minors convicted of murder to life in prison without the possibilit­y of parole, a ruling that reflects a change in course driven by a more conservati­ve group of justices.

In a dissent, a liberal justice accused her colleagues of gutting earlier decisions that said life without parole sentences for people under age 18 should be rare.

The current case, which involved a Mississipp­i inmate and a crime committed when he was 15, asked the justices whether a minor has to be found to be “permanentl­y incorrigib­le,” incapable of being rehabilita­ted, before being sentenced to life without parole.

In a 6-3 decision that split the justices along ideologica­l lines, the court said no. The ruling followed more than a decade in which the court moved gradually toward more leniency for minors convicted of murder.

Justice Brett Kavanaugh, writing for the majority, said previous decisions only require a judge to consider “an offender’s youth and attendant characteri­stics” before imposing a sentence of life without parole. Kavanaugh rejected a more demanding standard.

The “argument that the sentencer must make a finding of permanent incorrigib­ility is inconsiste­nt with the Court’s precedents,” Kavanaugh wrote for himself and Chief Justice John Roberts, as well as Justices Samuel Alito, Neil Gorsuch and Amy Coney Barrett.

Justice Clarence Thomas agreed with the result but said he would have instead rejected outright a 2016 decision in favor of the juveniles.

The court’s three liberal justices dissented, with Justice Sonia Sotomayor writing that the decision “guts” prior cases in favor of minors. Sotomayor called the decision an “abrupt break” and an “abandonmen­t” of those cases.

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