Not a Subscriber? Register Now
Michigan Court Says U.S. Supreme Court Ruling Outlawing Juvenile LWOP Doesn’t “Retroactively” Apply to State’s Current PrisonersNovember 23, 2012 by Youth Today Staff
Last, week a Michigan appeals court ruled that the decision in Alabama v. Miller -- in which the Supreme Court of the United States declared mandatory life without parole sentences for juveniles to be unconstitutional -- does not retroactively apply to individuals in the state convicted of murder as juveniles.
More than 350 prisoners convicted of murder as juveniles in Michigan are currently serving life sentences without parole. The numbers, according to juvenile advocacy group Second Chances 4 Youth, are the second highest in the nation, with only Pennsylvania housing more juvenile lifers.
The decision was issued by a three-judge panel, almost a month after the court heard oral arguments regarding the retroactive application of the Alabama v. Miller decision within the state.
Judges E. Thomas Fitzgerald, Michael Talbot and William Whitbeck issued an opinion stating that the impact of potential appeals would be too taxing considering the state’s limited court resources.
“We must, we believe, provide guidance to these trial courts to assure a consistency of approach until the Legislature can respond by reworking the sentencing scheme for juveniles in Michigan,” the opinion reads. “But we find it unacceptable in the interim to simply remand cases to trial courts for re-sentencing.”
You must Login before leaving a comment.
Latest News Articles
Gary Gately | 12/05/13Report Urges Ban on Detaining Status Offenders... Read More
| 12/05/13San Jose Charter School Helps Salvage Lives... Read More
Susan Ferriss | 11/27/13Nation's Largest School Police Force, in L.A., Wil... Read More
James Swift | 11/25/13How Can Youth Service Providers Keep Sex Offenders... Read More
James Swift | 11/25/13Long-Awaited Report Reveals New Information on San... Read More
Youth Today Staff | 11/22/13Hispanics Doubly Hampered by Obamacare Rollout... Read More
| 11/21/13Are the Hurdles Too High? To be Young, Male and Ho... Read More
Gary Gately | 11/13/13Parity Law Means More Treatment for Youths’ Mental... Read More
Latest Tweets From Youth Today
Moving from the Traditional Idea of Punishment to a More Measured Response
Written by John Lash | 12/06/2013
One of the most entrenched ideas in American culture is that punishment is effective both at creating justice and at affecting change in those who do wrong. The basic concept is that when someone does something I don’t like I hurt them, or threaten to hurt them, and they change. Obviously this kind of violence does work, but it is limited by my ability and willingness to harm you.
We see this idea demonstrated in everything from child rearing to war. We also see it played out in the realm of juvenile justice policy. In the ‘90s it was the impetus for many of the changes to juvenile codes that made it easier to transfer kid...
Report Urges Ban on Detaining Status Offenders
Gary Gately | 12/05/2013 | Full Article
San Jose Charter School Helps Salvage Lives
By Sharon Noguchi / San Jose Mercury News
| 12/05/2013 | Full Article
Nation's Largest School Police Force, in L.A., Will Stop Ticketing Kids 12 and Younger
Susan Ferriss | 11/27/2013 | Full Article