The Michigan Supreme Court says a judge, not a jury, should decide whether a juvenile is sentenced to life without parole.
In 2012 the US Supreme Court said it was unconstitutional to automatically sentence juveniles to life without the possibility of parole. Juveniles can still be sentenced to life without parole, but the law can’t say that it’s mandatory.
Now the Michigan Supreme Court says a judge will decide the fate of those juveniles instead of a jury. That’s because the sentencing decision does not require the judge find any facts. And facts are for the jury to decide.
Dan Korobkin is an attorney with the ACLU of Michigan. He says if judges are going to make this decision, the US Supreme Court gives them strict criteria to follow.
“If it’s gonna be given at all, life without parole for children has to be limited to cases where the child is completely incapable of rehabilitation.”
Two justices disagreed with the majority. They said the jury should ultimately decide. That’s because when deciding the fate of the juvenile, the judge would have to look at and decide facts beyond what the jury already found.