Jackson v. Hobbs ,
USSup , Case #: 10-9647
Opinion Date: 6/25/2012 , DAR #: 8634
Case Holding:
The Eighth Amendment prohibits a mandatory life without parole sentencing scheme for juvenile homicide offenders. In both Jackson v. Hobbs (10-9647) and Miller v. Alabama (10-9646), the 14-year-old juveniles were tried as adults, convicted of murder and, under mandatory sentencing schemes, sentenced to LWOP. Reversed and remanded. For sentencing purposes, children are constitutionally different from adults and the distinct attributes of the juvenile offender lessen the justification for imposing the harshest of penalties even for terrible crimes. But the mandatory LWOP scheme fails to acknowledge these factors by not considering the unique nature of the juvenile in determining the sentence to be imposed. Additionally, although the LWOP scheme shares characteristics with a death penalty scheme, it lacks the death penalty scheme's individualized sentencing by failing to consider the mitigating factor of youth. For these reasons, mandatory LWOP sentencing violates the Eight Amendment's ban against cruel and unusual punishment and cannot stand.
Opinion Date: 6/25/2012 , DAR #: 8634
Case Holding:
The Eighth Amendment prohibits a mandatory life without parole sentencing scheme for juvenile homicide offenders. In both Jackson v. Hobbs (10-9647) and Miller v. Alabama (10-9646), the 14-year-old juveniles were tried as adults, convicted of murder and, under mandatory sentencing schemes, sentenced to LWOP. Reversed and remanded. For sentencing purposes, children are constitutionally different from adults and the distinct attributes of the juvenile offender lessen the justification for imposing the harshest of penalties even for terrible crimes. But the mandatory LWOP scheme fails to acknowledge these factors by not considering the unique nature of the juvenile in determining the sentence to be imposed. Additionally, although the LWOP scheme shares characteristics with a death penalty scheme, it lacks the death penalty scheme's individualized sentencing by failing to consider the mitigating factor of youth. For these reasons, mandatory LWOP sentencing violates the Eight Amendment's ban against cruel and unusual punishment and cannot stand.
If you or a loved one is a juvenile and charged with murder, or has already been convicted of murder and sentenced to life without parole, contact the Law Office of George Derieg today. We need to file a habeas corpus petition to get our family member out now.
George Derieg
www.eastbayattorney.com
510-355-2747
No comments:
Post a Comment