The law does its best to be fair – we assume this to be true.
What is a fair punishment for a juvenile convicted of first-degree murder? The law has been struggling with this issue for quite some time. The penalty for first-degree murder is life in prison: you die in a cell.
In 2012, the United States Supreme Court decided that mandating life in prison for juveniles is cruel and unusual punishment and is therefore, barred by the Eighth Amendment.
Before we go further, please be advised: Juveniles CAN be sentenced to life without parole, but it CANNOT be automatically imposed. The most basic reason behind this idea is that courts have recognized that minors are constitutionally different from adults with regard to their level of culpability for their actions.
The Supreme Court has ruled that juveniles are less deserving of the most severe punishments after considering the characteristics of youth and greater capacity for rehabilitation.
Courts can and do sentence juveniles to life in prison, but this process can be almost as complicated as the trial itself. If the government seeks to sentence a minor to life without the possibility of parole, a hearing needs to be held prior to the sentencing during which the judge must consider the following factors about a youthful defendant:
- The character and record of the individual offender and the circumstances of the offense,
- The age of the minor,
- The minor’s background and mental and emotional development,
- The family and home environment,
- The circumstances of the homicide event, and
- The individual’s potential for rehabilitation.
Every single judge does their level best to weigh the severity of the crime and the loss of the victim’s family against the juvenile defendant’s situation and actions.
During this hearing, the defense attorney will put forth mitigation experts who include social workers, psychiatrists, and forensic mental health professionals. The purpose of the hearing is to highlight the fact that adolescence is marked by immaturity and failure to appreciate risks and consequences, and all other factors that limit a minor’s ability to make sound judgments.
When the judge imposes a sentence on a juvenile convicted of first-degree murder, there are several options: The court can impose life without parole or incarceration for a term of years. In the State of Michigan, we have what is called indeterminate sentences, which establishes a minimum number of years and a maximum term. If a juvenile is not sentenced to life, the judge can give a maximum sentence of 60 years with a minimum term of anywhere between 25 and 40 years.
This brings us full circle: The law does its best to be fair – we assume this to be true. In imposing an appropriate sentence, the judge considers all aspects of the case. I can tell you that every single judge I have ever been in front of does their level best to weigh the severity of the crime and the loss of the victim’s family against the juvenile defendant’s situation and actions.
This is a challenging position for any judge. Do they get it right? Usually.
