Tag Archives: parole

Supreme Court Decision Will Affect Thousands Serving Life Without Parole Sentences

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The incomparable Bryan Stevenson, arguing Miller v. Alabama. Credit: Art Lien, Supreme Court artist.

The Supreme Court agreed on Monday to consider retroactive application of Miller v. Alabama, a crucially important case about justice for youth in America. Although the 2012 Miller decision made mandatory life without parole sentences for minors unconstitutional (in violation of the eighth amendment ban on cruel and unusual punishment), the court has yet to rule on retroactively applying the decision.

Granting certoriari for this case (lawyer-speak for agreeing to hear it) is a huge step forward for the thousands of people who were given mandatory life without parole sentences as children, and who are incarcerated in states that have refused to retroactively apply the law. The plaintiff in the current case, Henry Montgomery, has been in prison since 1963, when he was seventeen years old. The law that imposed the mandatory life without parole sentence for Mr. Montgomery has been invalidated by the Miller decision, but Louisiana has thus far resisted reconsidering pre-2012 mandatory sentences.

Life without parole sentences for children are applied with frightening frequency. In 2013, roughly 2,500 people were serving life without parole sentences that they were given as minors. This is a population we don’t trust with drinking alcohol, smoking cigarettes, or voting. Yet somehow we’re prepared to give up on them completely as a society? Here’s a gem from the Miller opinion, written by Justice Kagan:

Mandatory life without parole for a juvenile precludes consideration of his chronological age and its hallmark features–among them, immaturity, impetuosity, and failure to appreciate risks and consequences. It prevents taking into account the family and home environment that surrounds him–and from which he cannot usually extricate himself–no matter how brutal or dysfunctional. It neglects the … extent of his participation in the conduct and the way familial and peer pressures may have affected him. Indeed, it ignores … his inability to deal with police officers or prosecutors (including on a plea agreement) or his incapacity to assist his own attorneys. And finally, this mandatory punishment disregards the possibility of rehabilitation even when the circumstances most suggest it.

Should this ruling in Miller be applied to those sentenced before 2012? From a moral standpoint, of course it should (none of Kagan’s points magically sprang into being in 2012). The legal argument will hinge on whether the new rule is substantive (those are retroactive) or procedural (those aren’t). Basically, Montgomery’s team is arguing that since Miller applies to the type of punishment that can be applied to a class of people, it’s substantive. Louisiana will argue that the change was procedural – in Louisiana specifically, the procedural change was a new hearing where minors can present evidence to reduce their sentence – and therefore should not be retroactive. The substantive nature of Miller strongly speaks to the substantive nature of Montgomery’s claim as well – how can a finding of cruel and unusual punishment be categorized as “procedural”?  

So – good for the Court for granting cert on the retroactivity issue. And shame on Louisiana (and Minnesota, Michigan, and Pennsylvania) for requiring Supreme Court intervention. Best wishes to Mr. Montgomery and his team for another step toward thoughtful, humane criminal justice.

Photographs of young people sentenced to life without parole (all taken within a year of conviction). Courtesy of Human Rights Watch, available here: http://www.hrw.org/news/2009/10/02/state-distribution-juvenile-offenders-serving-juvenile-life-without-parole

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Life until death: The numbers

1 in 11: The proportion of the U.S. prison population currently serving life sentences.

141,000: The number of people serving life sentences in the U.S.

29: The average number of years served by people sentenced to life in prison. This is up from 21 years in the 1990’s.

1 in 3: The number of people with life sentences who have life without parole.

2,000: The number of people serving life sentences in Mississippi. Also the number of people serving life sentences in Germany. (Mississippi’s total state population is about 2% of Germany’s total population.)

2,500: The number of people serving life without parole sentences for crimes committed when they were under the age of 18.

43,000: The number of people in California serving sentences as a result of “3 strikes and you’re out” legislation.

$19 billion: The amount of money California spends each year incarcerating 3 strikes prisoners, half of whom are incarcerated for non-violent offenses.

Life without parole is often gestured to as a humane alternative to the death penalty. But since life without parole has been increasingly used as a sentence, few potential capital punishment convictions have been “reduced” to life without parole. Instead, people who would never have received a death sentence receive more and longer life sentences. A lot of noise is made about the 3,300 people on death row in the U.S. Perhaps some noise should also be made about the 141,000 who have received the “other death sentence.”

Check out Marie Gottschalk’s excellent article on this topic for the Prison Legal News.

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Great expectations

There are a whole lot of things that contribute to America’s crazy prison population. One of the many nutso things that we do is throw tons of people back into prison for parole violations. These violations include breaking a 9 pm curfew, leaving the state without getting permission, drinking alcohol, and other things which sound more like things your parents would get pissed about than things for which you should go to jail.

On my first day at the transitional housing facility where I worked, there were eleven people living in the house. That was Friday. When I came back the following Monday, there were five people left. What happened? Six of the residents decided to pick up a couple of six packs. The residence supervisor called the cops, and the six parole violators were scooped up and deposited back in jail. They were only in for a couple of days, but by then they had lost their chance to live in the place where I was working, which meant that they were stuck renting a room in one of several rooming houses in the area. Those places were far more expensive and offered none of the support resources that my place did, and they were notorious hotbeds of drug activity to boot.

Definitely stupid to have the little party – they knew it was against the house rules and the parole regulations – but don’t you think those consequences are out of proportion to the action?

New York State recently shifted their policy a wee bit in this area: as of Jan. 1, parole violators are no longer subject to mandatory jail time for their errors. Now the judge or parole board can take various criteria into consideration, such as mental health and access to stable housing. This is a step in the right direction, but it means that judges or parole boards have the option to forego jail time, not that violators have any real protection.

Like so many other aspects of the prison system, it’s easy in this situation to imagine that people are just asking for it when they violate. But what if instead of looking for the best way to punish people for their mistakes, we started looking for the best way to help them not screw up? My guess is that jail time would fall out of the equation real fast.

Check out the NYT piece on this issue here.

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