In the 2012 U.S. Supreme Court decision in the court ruled 5-4 that sentencing juveniles to life without parole is unconstitutional. In the decision, Justice Elena Kagan wrote that "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."
Last year, the court determined the decision is retroactive, thus applying to 48 Coloradans who are currently serving life sentences for crimes they committed as juveniles.
While it is true that there are those who committed heinous crimes in their younger years, the reality is mandatorily sentencing adolescents to life without parole takes the decision out of the hands of the judge. When this happens, the court is unable to take several factors into account --; including if the offender is a child, how old they are, the extent of their developmental maturity and their capacity for rehabilitation.
Despite this good ruling by the Supreme Court, the state of Colorado currently has no means to review the life sentences of 48 Coloradans who committed crimes as juveniles but are now eligible to have their cases reviewed. Senate Bill 181 --; which I am sponsoring with Sen. Laura Woods --; would make individuals sentenced to a life sentence without parole as adolescents eligible for a resentencing hearing. Resentencing can include 40-life minus earned times, or a new determinate prison term of 24-48 years if extraordinary mitigation is found.
Our state and federal government has long struggled with the question of how our legal system treats juvenile offenders. In our country today, there are over 2,500 people who were mandatorily sentenced to life without parole for crimes they committed as adolescents --; without a judge to be able to look at every possible factor. It is time for Colorado to be in compliance with the highest court in the land on this issue.
By passing the bipartisan SB181 --; which has Democrat and Republican sponsors in the state Senate and House --; we can align Colorado state statute with the constitutional principles of fair sentencing.
from Lakewood Sentinel - Latest Stories http://lakewoodsentinel.comhttp://lakewoodsentinel.com/stories/Lets-give-youngest-offenders-a-chance-at-life,212176?branding=15
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