The nation’s highest Court waded back into the waters of juvenile murder sentencings again on Monday in Montgomery v. Louisiana. The Court determined that their earlier decision in Miller was retroactive, or applicable not only to juveniles moving forward, but also to those already convicted and sentenced.
Many states had followed the Court’s decision in Miller by stating that they would not apply the law looking backwards. The Supreme Court’s decision means those State Court decisions are null and void, and that every juvenile sentenced to life without parole still residing in the criminal justice system will have to have their sentence reviewed. For Michigan, that is more than 300 cases which the Courts will have to review for re-sentencings. This is just the latest in the way Courts are looking at children and the criminal justice system, and the recognition that juveniles must be considered differently than adults when considering how to sentence them for our most serious crimes.
If you or a loved one have been charged with a criminal offense, no matter how serious, the criminal law specialists at Fausone Bohn LLP are prepared to handle your matter with expertise and understanding. Whether it’s a traffic ticket, misdemeanor or felony, give us a call.