High court juvenile lifer ban spurs wider review of cases
BALTIMORE — A U.S. Supreme Court decision triggering new sentences for inmates serving mandatory life without parole for crimes committed as juveniles has had a far greater effect: The ruling is prompting lawyers to apply its fundamental logic — that it’s cruel and unusual to lock teens up for life — to a larger population, those whose sentences include a parole provision but who stand little chance of getting out.
The court in January 2016 expanded its ban on mandatory life without parole for juveniles to more than 2,000 offenders already serving such sentences, saying teens should be treated differently than adult offenders because they’re less mature, prone to manipulation and capable of change. The court found that all but the rare juvenile lifer whose crime reflects “permanent incorrigibility” should have a chance to argue for freedom one day, and dozens serving mandatory terms have since been resentenced and released.
But legal challenges are also being argued on behalf of offenders sentenced to life with parole for crimes they committed as teens — a population totalling some 7,300 inmates nationwide, according to Ashley Nellis at advocacy group The Sentencing Project.
“Even states that do have parole, it doesn’t give a lot of reason for hope,” Nellis said. “The Supreme Court was very clear to say that age-related factors need to be considered at resentencing or parole review, but the feedback we’re seeing is that those factors aren’t being considered.”