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One small victory.

POSTED BY: FREMDFIRMA
UPDATED: Thursday, January 31, 2013 08:07
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Wednesday, January 30, 2013 6:37 PM

FREMDFIRMA



Judge's ruling gives juvenile lifers another chance at freedom
http://annarbor.com/news/crime/judges-ruiing-give-juvenile-lifers-anot
her-chance-at-freedom
/
Quote:

All Michigan inmates serving no-parole sentences for murder committed as juveniles are entitled to a fair and meaningful possibility of release, a federal judge ruled Wednesday, declaring that a landmark U.S. Supreme Court decision applies retroactively.

The decision by U.S. District Judge John Corbett O'Meara in Ann Arbor trumps a ruling last fall by the state appeals court, which said retroactivity would not apply for most people already behind bars.

At issue in Michigan is how to apply a 2012 Supreme Court decision that struck down mandatory no-parole sentences for those who were not adults when they were convicted of crimes, mostly murder. The state has more than 350 prisoners in that category.

Compliance with the Supreme Court decision "requires providing a fair and meaningful possibility of parole to each and every Michigan prisoner who was sentenced to life for a crime committed as a juvenile," O'Meara said.

He told the state attorney general and lawyers for inmates to propose a way to hold parole hearings. Those next steps will be litigated for months.

"If there was ever a legal rule that should - as a matter of law and morality - be given retroactive effect, it is the rule announced in Miller," the judge said, referring to the Supreme Court decision in Miller v. Alabama.

"To hold otherwise would allow the state to impose unconstitutional punishment on some persons but not others, an intolerable miscarriage of justice," he said.

A message seeking comment was left with the attorney general's office.

The ruling comes on the same day as a scheduled hearing in the case of Bosie Smith Smith, who was sentenced to life in prison when he was 17 in 1992, filed a motion for relief from judgment. There are seven other juvenile lifers who are filing similar motions in Washtenaw County, according to Ann Arbor attorney Deb LaBelle.


Given the horrible flaws within the Juvenile Justice system, something which the PA Judges incident exposed in no uncertain terms, and the ethical questions involved with trying Juvies as adults, this comes late in the bloody day, but it's still something.

Mind you, Andrew Vachss has been working this same topic even longer than I have, this relevant bit here coming from a 1973 Legal Journal.

Parole As Post-Conviction Relief: The Robert Lewis Decision
http://www.vachss.com/av_dispatches/robert_lewis.html
Quote:

There was, sadly, nothing particularly unusual about the original trial and conviction of Robert Lewis: tried by an all-white jury for crimes against white victims, in which all the defendants were black, Lewis was sentenced on July 9, 1964, to a term of 50 - 57 years, and entered Trenton State Prison the following day.

Mr. Lewis, officially age 19 at the time of sentencing for his first conviction of any kind (in reality, Mr. Lewis was probably 16 at most; no birth certificate was ever produced, and he feigned being older in order to avoid what he had been told was a worse juvenile system) was found guilty of atrocious assault, kidnapping and rape, and carrying a concealed weapon—despite the testimony of the victim herself that he was not among the defendants who had kidnapped and raped her, the arresting officer's testimony that Lewis was not among those arrested at or near the scene on the evening of the crime, the fact that the "concealed weapon" was discovered in the car of the other defendants while Robert Lewis was not present, and the prosecutor's own remarks at trial seeming to exculpate, rather than implicate, him.

His case was continually appealed, to no avail. After repeated parole denials for vague and insubstantial "reasons," Robert Lewis, assisted by two law students who had developed an interest in his case, sought relief in the courts. Denied more traditional forms of post-conviction relief, such as habeus corpus, Robert Lewis and his legal advisors began researching another type of post-conviction relief—parole criteria—and began to understand the extent of the inequities, arbitrariness, and apparently unchecked power of the Parole Board in determining the actual amount of time a convict must serve.

Following this investigation, Andrew Vachss submitted an Affidavit to the Parole Board in the form of an amicus brief on Lewis' behalf; Robert Lewis was finally granted his parole and walked out of Trenton on September 18, 1973, having spent nearly ten years of his life incarcerated for crimes that not only he, but the victim, continually maintained he had never committed.


More recently the case of Genarlow Wilson was also a study in post conviction relief when the conviction in question was prettymuch obvious bullshit, since it was going through the parole board that finally got those poor bastards out of slam.

One part of the all this I find laughable however, is a particular statement by the Supreme Court in 1949.
Quote:

In 1949, the U.S. Supreme Court stated: "Retribution is no longer the dominant objective of the criminal law. Reformation and rehabilitation of offenders have become important goals of criminal jurisprudence."

I call BS on THAT one.

-Frem

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Wednesday, January 30, 2013 7:44 PM

BYTEMITE


Ooh. That's pretty good. A lot of those kids are just caught up in something way bigger than themselves. It becomes kill or be killed.

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Wednesday, January 30, 2013 11:22 PM

AGENTROUKA


I'm happy to hear this. Not just that underage teens get actual life sentences if they are actually guilty of serious crimes, the chance of false convictions playing into it... ugh.



... who was it decided that trying kids as adults was okay? Isn't there an entire separate body of law concerning them set up to reflect that they are NOT adults?

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Thursday, January 31, 2013 5:06 AM

BYTEMITE


Well... It's not so much I think kids aren't in full-possession of their faculties and decision making, goodness knows I was capable of criminal intent and I'm probably lucky I wasn't ever charged with assault.

It's more that I see imprisonment for anyone any age as inhumane. It's even crueler when it's someone who never even had a chance to live. One of the many problems I have with our society is that a person can make a single big mistake, and then we all kinda just throw them away.

Gang violence almost really should be considered mitigating circumstances in a lot of cases - many times it strikes me as actions committed under duress.

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Thursday, January 31, 2013 6:57 AM

AGENTROUKA


Kids are also still developing on a neurological level. I think that should definitely be a factor.

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Thursday, January 31, 2013 7:06 AM

BYTEMITE


Well, I kinda see the same thing about adults, though maybe not to the same extent... Sure?

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Thursday, January 31, 2013 7:26 AM

AGENTROUKA


I think there is a measurable, significant difference between adults and teenagers, really. The brain doesn't grow up and mature at the same rate as the body. Kids are full persons, but they are not done developing their entire personality and judgment until their late teens at the very least, if not into their twenties. This is not an insult against their personhood but a physiological fact, and when it comes to criminal trials, I think this factor should play big role. It does affect judgment and impulse control.

And yes, some adults have bad judgment but they are the finished product for better or worse, so to speak. Whatever changes they can make to their view of the world will be done on a fully developed brain, not one that hasn't even yet had the chance to achieve its full balance of faculties.

And before you suspect so, no, I don't think this constitutes an excuse to treat children like slaves, animals or less than human. It constitutes a mitigating factor that should utterly affect treatment and sentencing in criminal cases.

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Thursday, January 31, 2013 7:41 AM

BYTEMITE


I'm pretty much exactly the same now as when I was five. I suppose that gives me a strange perspective on all of this.

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Thursday, January 31, 2013 7:52 AM

AGENTROUKA


I guess you would be highly unusual in that case. :)

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Thursday, January 31, 2013 8:04 AM

BYTEMITE


We seem to agree on the end conclusion anyway, even if we take different paths to get there.

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Thursday, January 31, 2013 8:07 AM

AGENTROUKA


I approve of this development.

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