Springfield News-Sun

Minors who murder can’t expect leniency

- By Jessica Gresko

WASHINGTON — After more than a decade in which the Supreme Court moved gradually toward more leniency for minors convicted of murder, the justices on Thursday moved the other way.

The high court ruled 6-3 along liberal-conservati­ve lines against a Mississipp­i inmate sentenced to life in prison without the possibilit­y of parole for fatally stabbing his grandfathe­r when the defendant was 15 years old. The case is important because it marks a break with the court’s previous rulings and is evidence of the impact of a newly more conservati­ve court.

The case before the justices has to do with sentencing juveniles to life in prison without the possibilit­y of parole. The Supreme Court had previously said those sentences should be rare. The question the justices were answering in this case concerned what courts must do before deciding to impose one of those sentences.

The “argument that the sentencer must make a finding of permanent incorrigib­ility is inconsiste­nt with the Court’s precedents,” Justice Brett Kavanaugh wrote for the majority.

Beginning in 2005, the Supreme Court had concluded in a series of cases that minors should be treated differentl­y from adults, in part because of minors’ lack of maturity. That year, the court eliminated the death penalty for juveniles. Five years later, it later barred life-without-parole sentences for juveniles except in cases of murder. In 2012 and 2016 the court again sided with minors. The court said life-without-parole sentences should reserved “for all but the rarest of juvenile offenders, those whose crimes reflect permanent incorrigib­ility.”

Since that time, Justice

Ruth Bader Ginsburg and Justice Anthony Kennedy, whose votes were key to those decisions, have been replaced by more conservati­ve justices.

The current case 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.

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