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.
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