Daniel Williams, Esq.
The
Michigan Court of Appeals determined in a published opinion yesterday, People v. Skinner, ___
Mich. App. ___; ___ N.W.2d ___; COA #317892 (Aug. 20, 2015) the Juvenile
Offenders who are convicted of homicide, and who face a sentence of life
without the possibility of parole are entitled to have a jury determine their
fate at sentencing. Previously, a Judge would impose the sentence.
However, the COA found that in the
circumstance where a Juvenile is convicted of First Degree Murder, they have a
right to demand that a jury be impaneled to determine if such a sentence is
appropriate. The Court found "[w]e find that the Sixth Amendment
mandates that juveniles convicted of homicide who face the possibility of a
sentence of life without the possibility of parole have a right to have their
sentence determined by a jury."
The COA indicated, through a
thorough analysis, that the right stemmed from the United States Supreme
Court's opinion in Miller v. Alabama, 576
U.S. ___; 132 S.Ct. 2455; 183 L.Ed.2d. 407 (2012), the new sentencing scheme
would ensure that the factors necessary to impose a mandatory life sentence on
a juvenile offender would best be preserved. As the COA noted,
"[t]he Miller Court did not address the issue
of who should
decide whether a juvenile offender should receive a life without parole
sentence and we are unaware of any court that has yet to address the
issue."
Regardless of where a person stands
on the issue of juvenile offender sentencing, this opinion puts the Michigan
Courts at the forefront in how the determination of a life without parole
sentence can and may be imposed. While the case is likely to be appealed
to the Michigan Supreme Court, and potentially, to the United States Supreme
Court, the opinion provides a thorough and significant change in how juvenile
offenders will, for now, be sentenced in Michigan.
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