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February 2, 2016
For the second time in 4 years, the United States Supreme Court handed down a major ruling in an Eighth Amendment juvenile sentencing case with its decision in Montgomery v. Louisiana (2016).
In 2012, the Court ruled in Miller v. Alabama, 567 U. S. ___ (2012), that mandatory sentencing schemes requiring that “all children convicted of homicide receive lifetime incarcerations without the possibility of parole” violate the Eighth Amendment’s ban on cruel and unusual punishment. A few years later in Montgomery, the Court was presented with another case involving the sentencing of an offender who was a juvenile when his crime was committed, but whose conviction predated the Miller decision by 50 years. In a 6-3 decision in favor of Montgomery, the Court ruled that its decision in Miller was retroactive – hence, deeming life sentences without the possibility of parole for juveniles preceding Miller as violative of the Eighth amendment.
If you know someone that has been convicted and sentenced to life imprisonment without the possibility of parole as a juvenile, please do not hesitate to contact the law offices of Bernstein & Bernstein, LLC, to see if we can help.
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