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Monday, June 25, 2012

Manditory Life Sentence Without Parole For Teens Deemed Cruel And Unusual Punishment

Today, in a 5-4 decision, the U.S. Supreme Court ruled that mandatory life sentences for juveniles constitutes cruel and unusual punishment. Currently there are 61 people serving life sentences for murders they committed as teens, and today it is unclear how this ruling will impact them. The Massachusetts Department of Corrections said that the 61 prisoners were serving the state’s toughest sentence for murders committed before the age of 18.

Justice Elena Kagen believes that the mandatory sentencing “prevents those meting out punishment from considering a juvenile’s ‘lessened culpability’ and greater ‘capacity for change.’” Kagen went on to say, “We therefore hold that mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment’s prohibition on ‘cruel and unusual punishments.”

Many defense attorneys are hopeful that the Supreme Court ruling may lead to new trials and the chance for release of their clients, which may not have been possible before. In the future, a juvenile can still be sentenced to life without parole, but as of today, that would no longer be a mandatory sentence.

Massachusetts child advocate Gail Garinger says she’s ecstatic about the ruling. “As a former juvenile court judge I’ve seen the kind of turnabouts that young adults can make in their lives.”

Jake Wark, the spokesperson for the Suffolk County district attorney’s office told the Boston Herald that the state needs to amend the existing statute and referred to the immediate impact of today’s ruling as “minimal.” Wark went on to say that, “Very few juveniles were ever subject to this sentence, and those who were have no guarantee that they’ll be released one day due to this ruling.”

At this time, officials with the Department of Corrections are determining which cases will be appropriate for review under this new ruling.


The Law Office of Paul R. Moraski
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Salem, Massachusetts 01970
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