Tuesday, January 21, 2014

States slow to deal with juvenile life without parole

In decisions widely hailed as milestones, the United States Supreme Court in 2010 and 2012 acted to curtail the use of mandatory life sentences for juveniles, accepting the argument that children, even those who are convicted of murder, are less culpable than adults and usually deserve a chance at redemption.
But, according to the New York Times, most states have taken half measures, at best, to carry out the rulings, which could affect more than 2,000 current inmates and countless more in years to come, according to many youth advocates and legal experts.
“States are going through the motions of compliance,” Cara H. Drinan, an associate professor of law at the Catholic University of America told the Times, “but in an anemic or hyper-technical way that flouts the spirit of the decisions.”
Lawsuits now before Florida’s highest court are among many across the country that demand more robust changes in juvenile justice. One of the Florida suits accuses the state of skirting the ban on life without parole in nonhomicide cases by meting out sentences so staggering that they amount to the same thing.
Other suits, such as one argued last week before the Illinois Supreme Court, ask for new sentencing hearings, at least, for inmates who received automatic life terms for murder before 2012 — a retroactive application that several states have resisted.

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