Representational Image.
Washington:
The Supreme Court in 2012 banned virtually all sentences of life in prison for crimes committed as a minor. On Tuesday they faced a sequel -- can that ruling be applied retroactively?
They are considering the case of Henry Montgomery, who was 17 when he shot and killed a deputy sheriff in the state of Louisiana in 1963. He was sentenced to life in prison without the possibility of parole.
Like Montgomery, there are thousands of inmates serving life sentences for crimes committed as minors before the landmark Supreme Court ruling on June 25, 2012.
At that time the court ruled that such harsh mandatory sentences for criminals under the age of 18 that fail to consider mitigating circumstances -- such as diminished mental ability or a chance for rehabilitation -- violated the eighth amendment to the US constitution's ban on cruel and unusual punishment.
Now 69, Montgomery wants a new trial, claiming that his continued stay in prison amounts precisely to cruel and unusual punishment.
The Supreme Court justices focused on the technical aspects of whether, and how, to apply the 2012 decision retroactively.
The case fits into a wider debate in the United States on easing prison overcrowding and redressing overly harsh sentences.
Some 6,000 prisoners considered at low risk of returning to crime are to be set free around November 1, a US record for a single mass release. Most will go through half-way houses or home confinement before being freed under supervision.
The release comes after the US Sentencing Commission, which sets policy for federal crimes, reduced its sentencing guidelines for drug possession.
Applied retroactively with effect November 1, the reform clears the way for an estimated 46,000 inmates to eventually benefit from the policy change and escape the automatic application of heavy sentences.
They are considering the case of Henry Montgomery, who was 17 when he shot and killed a deputy sheriff in the state of Louisiana in 1963. He was sentenced to life in prison without the possibility of parole.
Like Montgomery, there are thousands of inmates serving life sentences for crimes committed as minors before the landmark Supreme Court ruling on June 25, 2012.
At that time the court ruled that such harsh mandatory sentences for criminals under the age of 18 that fail to consider mitigating circumstances -- such as diminished mental ability or a chance for rehabilitation -- violated the eighth amendment to the US constitution's ban on cruel and unusual punishment.
Now 69, Montgomery wants a new trial, claiming that his continued stay in prison amounts precisely to cruel and unusual punishment.
The Supreme Court justices focused on the technical aspects of whether, and how, to apply the 2012 decision retroactively.
The case fits into a wider debate in the United States on easing prison overcrowding and redressing overly harsh sentences.
Some 6,000 prisoners considered at low risk of returning to crime are to be set free around November 1, a US record for a single mass release. Most will go through half-way houses or home confinement before being freed under supervision.
The release comes after the US Sentencing Commission, which sets policy for federal crimes, reduced its sentencing guidelines for drug possession.
Applied retroactively with effect November 1, the reform clears the way for an estimated 46,000 inmates to eventually benefit from the policy change and escape the automatic application of heavy sentences.
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