The following is an abridged version of the original article.
By Efrén Paredes, Jr
As Michigan leads the nation in the chilling number of COVID-19 deaths occurring inside its prison, 196 incarcerated people sentenced to mandatory life without parole (LWOP) sentences for crimes they were accused of committing when they were children (“juvenile lifers”) are in prisons waiting to receive new resentencing hearings.
In 2012 the U.S. Supreme Court ruled that mandatory LWOP sentences for juvenile offenders is unconstitutional and ordered the resentencing of all 2,500 juvenile lifers affected nationwide. In Michigan 363 people were originally affected by the ruling.
The high court stated that juvenile offenders who are not “irreparably corrupt,” “incapable of change,” or do not “exhibit such irretrievable depravity that rehabilitation is impossible” cannot receive a LWOP sentence again when they are resentenced. Those who do not fit this criteria are candidates to receive a term-of-year sentence making them eligible for release one day.
According to the U.S. Supreme Court, “Deciding that a juvenile offender forever will be a danger to society would require making a judgment that [s/he] is incorrigible — but incorrigibility is inconsistent with youth and for the same reason, rehabilitation could not justify that sentence.”
The court added, “Life without parole forswears the rehabilitative ideal. It reflects an irrevocable judgment about [an offender’s] value and place in society, at odds with a child’s capacity for change.” (Miller v. Alabama, 132 S. Ct. 2455, 2465 (2012))
Michigan is now shamefully home to the largest number of juvenile lifers in the nation. Thirty-seven states now either prohibit LWOP sentences for children or have not imposed the draconian sentence since 2012 when the U.S. Supreme Court abolished the sentence for minors.
Eight years after the landmark ruling there are still 196 Michigan juvenile lifers waiting to be resentenced. Over 80 of them have already served at least twenty years behind bars and ten of them have served over 40 years. They are still awaiting resentencing hearings because prosecutors delayed the process by filing motions seeking LWOP sentences in each case nearly four years ago.
This means each person must receive an expensive mitigation hearing to determine whether or not they are candidates to receive a LWOP sentence replete with psychologists, brain science experts, mitigation experts, and other necessary expert witnesses at taxpayer expense. The total costs, including attorney fees and court costs, will likely exceed $30,000 for each person. Some have already cost as high as $70,000.
It will cost the state a conservative estimated total of $5.7 million to conduct all the mitigation and resentencing hearings. And, each year juvenile lifers remain imprisoned, taxpayers are paying an additional $30,000 annual cost of incarceration per person. All this is occurring in the midst of the highest unemployment rate and worst economic crisis since the Great Depression….