Michigan Supreme Court strikes down automatic life without parole for 19, 20-year-olds
The Michigan Supreme Court ruled Thursday that mandatory life-without-parole sentences for 19- and-20-year-old defendants violate the state Constitution.
The majority decision by a divided Supreme Court held that the sentences constitute “unconstitutionally harsh and disproportionate punishment” and will require resentencing hearings for roughly 580 prisoners convicted of murder. This follows similar decisions recently by the Supreme Court affecting inmates handed automatic life-without-parole (LWOP) sentences for crimes committed when they were 16, 17 and 18.
“Mandatorily condemning such offenders to die in prison, without first considering the attributes of youth that late adolescents and juveniles share, no longer comports with the ‘evolving standards of decency that mark the progress of a maturing society,’” wrote Justice Elizabeth Welch in the majority decision, adding that violates the cruel or unusual punishment clause of the Michigan Constitution. She also wrote, “We do not foreclose the possibility that LWOP could be an appropriate punishment under rare circumstances.”
Justice Richard Bernstein wrote in a separate opinion that he would draw the line at 25 years old, based on “a consensus of relevant scientific studies.”
But Chief Justice Elizabeth Clement said the majority focused too much on the offender versus the offense.
Clement wrote in her dissent that “the majority downplays the gravity of first-degree murder.” She said, “The premeditated taking of a life is an act of the highest moral and legal consequence. A punishment of great severity is therefore proportionate.”
The cases originated in Wayne and Genesee counties. Andrew Czarnecki was 19 years old and Montario Taylor was 20 years old when they were charged with first-degree murder in separate cases. Their appeals were combined because the constitutional questions were similar.
Attorney Maya Menlo with State Appellate Defender Office said research shows young adults and older teens are very similar and the Supreme Court’s decision in these cases reflects that.
“Adolescents have brains that are not fully developed, which results in them being more reckless and also more likely to rehabilitate,” she told Michigan Public Radio. “The court adopted the scientific consensus that 19- and 20-year-olds have the same reduced culpability and the same capacity for rehabilitation as people who are 18-year-olds and younger.”
Prosecutors say the decisions are also very painful for survivors who will have to relive their loved ones’ murders in resentencing hearings.
Jon Wojtala is the Wayne County Prosecutor’s Office chief of appeals. He said the decision is not a surprise, but still “a gut punch” in part because it will require survivors to relive the tragedy of the violent loss of a loved one. He said Wayne County has more than 400 cases to deal with.
“We’re going to have to hustle very, very hard to get these cases to a point of having the resentencings and when we do have the resentencings, it’s a punch to the victims’ families, to the victims’ loved ones, to have to once again be traumatized,” he told Michigan Public Radio.
Wojtala says most of the resentencing hearings will have to take place within six months. He expects the state Supreme Court decision to be the final word.
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