On Monday, while everyone in the DC Metropolitan area was still digging out snow, the Supreme Court released an opinion stating that juveniles under the age of 18 who were sentenced to life without parole before 2012 may apply to courts to reconsider their sentences. In 2005, the Supreme Court ruled that juveniles could not be given the death penalty. Again, in 2012, the High Court prohibited sentences of life without the possibility of parole for juveniles. In doing so however, it did not make the ruling retroactive to those who had already been sentenced. Henry Montgomery, the petitioner, is now 69 years of age and sentenced to life without parole for murder of a law enforcement officer he committed when he was 17. The Supreme Court ruled with Justice Kennedy writing the opinion stated, "Allowing those offenders to be considered for parole ensures that juveniles whose crimes reflected only transient immaturity — and who have since matured — will not be forced to serve a … [Read more...] about Supreme Court Reconsiders Juveniles with Life Without Parole
life without parole
Supreme Court Hears Case on Why Juveniles Should Not Die in Jail
As a trial lawyer and former prosecutor, I always seek justice and fairness during sentencing hearings. When defending an individual, I argue the merits of a sentence based on the specifics that relate to that person. Everyone is unique in what brings them before the criminal justice system and how the court should sentence them. On Tuesday, the U. S. Supreme Court will hear oral arguments in the case of Henry Montgomery, a Louisiana man with a low IQ of 70, who was convicted as a juvenile for killing a police officer and sentenced to the death penalty almost 50 years ago. His death penalty sentence was overturned in 1969. And he was given a life sentence without the possibility of parole. Montgomery’s case comes before the U.S. Supreme Court following a 2012 Supreme Court case ruling that those who were juveniles at the time of their offense must be given a sentencing hearing to determine if life without parole is appropriate under their specific circumstances. They … [Read more...] about Supreme Court Hears Case on Why Juveniles Should Not Die in Jail
Why the Boston Bomber May Avoid the Death Penalty
The jury started deliberations on the death penalty phase on Wednesday in the case of Dzhokhar Tsarnaev, the now infamous Boston Bomber who was convicted of all 30 counts involved in the 2013 Boston Marathon bombing, including 17 eligible for the death penalty. His actions took the lives of three persons, including seven year old Martin Richard and severely injured 264 others. Some victims have undergone at least 60 surgeries due to their injuries. It’s difficult to imagine a more heinous crime deserving of the death penalty, Yet despite the heinous acts, Tsarnaev may receive life in prison without the possibility of parole. The prosecutor must convince all twelve jurors to sentence Dzhokhar Tsarnaevto death on a single count. If twelve agree to death on a single count, he will receive the death penalty. And that may be more of an uphill climb than most would imagine. The defense on the other hand has only to convince one person on each of the eligible counts that he … [Read more...] about Why the Boston Bomber May Avoid the Death Penalty