by Efren Paredes, Jr.
U.S. District Court Judge John Corbett O'Meara issued a court order on Monday, August 12, 2013 stating that all Michigan prisoners who were sentenced to life without parole (LWOP) when they were juveniles are now parole eligible.
In January the judge ruled that the state's law, MCL 791.234(6)(a), which denies juveniles sentenced to LWOP the opportunity for parole, is unconstitutional.
Subsequent to the ruling Attorney General Bill Schuette argued on behalf of the State of Michigan that the judge's order only applies prospectively to a handful of prisoners.
Judge O'Meara made clear in his ruling today that the state is wrong to believe it "may enforce the statute, which the court has been ruled unconstitutional." He added, "When a state statute has been ruled unconstitutional, state actors have an obligation to desist from enforcing that statute."
The ruling was applied retroactively to each and every prisoner who was sentenced to LWOP as a juvenile who had exhausted their court appeals previous to the court's order.
While the ruling strikes down MCL 791.234(6(a) as being unconstitutional, the legislature must still revise the statute to bring it into compliance with the court's order and Miller v. Alabama, 132 S.Ct 2455 (2012).
The ruling is a positive step in the right direction and puts the legislature on notice about the need for serious reforms to the state's sentencing laws governing juveniles sentenced pursuant to MCL 791.234(6)(a).
It is imperative that citizens continue signing the online petition dedicated to ending mandatory LWOP sentences for juveniles and circulating it widely until the legislation is passed.
Citizens must continue sending a strong message to legislators that it is unconscionable to condemn juveniles to death-by-incarceration.
Readers are encouraged to print the petition flyer below and distribute it to as many people possible, to educate people about this campaign, and to share it with people who can feature it on blogs, web sites, social media and hand it out anywhere there are public gatherings.
Petition Link: www.TINYURL.com/endJLWOP2013
Petition Flyer Link: www.TINYURL.com/JLWOP815
Free Efren Orange Banner
Monday, August 12, 2013
Friday, August 9, 2013
End Mandatory Life Without Parole Sentences for All Michigan Juvenile Offenders
Please sign this important new online petition aimed at ending mandatory life without parole (LWOP) sentences for all Michigan prisoners who were juveniles at the time their crimes were committed. This is a requirement made by a 2012 U.S. Supreme Court decision.
House Bills 4806-4809 extend this protection retroactively to prisoners whose court appeals were already exhausted at the time of the high court's decision providing equal and fair treatment to all affected.
Signing the petition sends electronic messages to your state representative, state senator, and the Governor, expressing support for passage of the bills. The petition will identity your respective legislators based on your zip code.
Please share the petition link with others widely via e-mail, Facebook, Twitter and other social media platforms, and invite others to do the same.
Included in the messages sent to state legislators will be a request for an amendment to the bills which allows judges to impose sentences that are a term of years rather than only LWOP and parolable life sentences.
To deny this discretion to judges is to handcuff them by preventing them from utilizing their professional discretion to impose individualized sentences. It also ignores the inherent dignity in young people and abandons the concept of redemption.
We need to generate as much support possible for passage of these bills. This is a powerful form of activism that can empower citizens to reject the continued human rights abuses committed by the criminal justice system against youthful offenders.
Please urge people to continue signing the petition until the bills are voted on which will likely be in the Fall and keep gathering petition signatures until the moment that the bills are voted on and passed. We want legislators to know it is unconscionable to condemn juveniles to sentences of death-by-incarceration.
The petition link is: www.TINYURL.com/endJLWOP2013
House Bills 4806-4809 extend this protection retroactively to prisoners whose court appeals were already exhausted at the time of the high court's decision providing equal and fair treatment to all affected.
Signing the petition sends electronic messages to your state representative, state senator, and the Governor, expressing support for passage of the bills. The petition will identity your respective legislators based on your zip code.
Please share the petition link with others widely via e-mail, Facebook, Twitter and other social media platforms, and invite others to do the same.
Included in the messages sent to state legislators will be a request for an amendment to the bills which allows judges to impose sentences that are a term of years rather than only LWOP and parolable life sentences.
To deny this discretion to judges is to handcuff them by preventing them from utilizing their professional discretion to impose individualized sentences. It also ignores the inherent dignity in young people and abandons the concept of redemption.
We need to generate as much support possible for passage of these bills. This is a powerful form of activism that can empower citizens to reject the continued human rights abuses committed by the criminal justice system against youthful offenders.
Please urge people to continue signing the petition until the bills are voted on which will likely be in the Fall and keep gathering petition signatures until the moment that the bills are voted on and passed. We want legislators to know it is unconscionable to condemn juveniles to sentences of death-by-incarceration.
The petition link is: www.TINYURL.com/endJLWOP2013
Subscribe to:
Posts (Atom)