938 users online (158 members and 780 guests)  


Websleuths News


Results 1 to 5 of 5
  1. #1
    shadowraiths's Avatar
    shadowraiths is offline LISK Liaison, Verified Forensic Psychology Specialist, infoSec Architect
    Join Date
    Feb 2006
    Posts
    2,867

    Exclamation US Supreme Court: Miller v Alabama, unconstitutional and retroactive


    The United States Supreme Court today decided that states must retroactively apply the ban on mandatory death-in-prison sentences for juveniles.

    In 2012, EJI lawyers argued at the Supreme Court that sentencing kids to life in prison without parole for any offense is cruel and unusual punishment, relying on the Court's recognition that children are less culpable than adults because of their unique immaturity, impulsiveness, vulnerability, and capacity for redemption and rehabilitation. On June 25, 2012, the Supreme Court issued an historic ruling in Miller v. Alabama, holding that mandatory life-without-parole sentences for all children 17 or younger convicted of homicide are unconstitutional. The Court wrote that requiring sentencers to consider “children’s diminished culpability, and heightened capacity for change” should make such sentences “uncommon.”

    [...]

    Today's decision in Montgomery v. Louisiana now requires all states to apply Miller retroactively, which means that in Louisiana, Alabama, Pennsylvania, Michigan, Minnesota, and Colorado, hundreds of people who were sentenced to die in prison for crimes when they were children are now entitled to new sentencing hearings.


    link



    Forensic Psychology Portal

    I tend to disappear from Websleuths from time to time.
    If I do, you can usually find me on
    Twitter.


  2. #2
    Join Date
    Aug 2014
    Posts
    3,144
    I more or less agree with this.

  3. #3
    Join Date
    Aug 2014
    Location
    East Tennessee
    Posts
    4,182
    But I am curious what is done with an actual diagnosed mentally ill person. Meds may lessen symptomology but they may never cause the cessation of all the disease's symptoms. In other words the person is still mentally incompetent. Do all states have a Vacaville-like institution for these prisoners? If being released endangers themselves or the community at large, that cannot be tolerated.
    "If you are lucky enough to find a way of life you love, you have to find the courage to live it."
    - John Irving in A Prayer for Owen Meany

    Unless I provide a link or refer to a specific link, all my ramblings are theories, speculation, scenarios based on what info is available and my own unique life experiences.

  4. #4
    Join Date
    Feb 2015
    Posts
    1,939
    Quote Originally Posted by wendybtn View Post
    But I am curious what is done with an actual diagnosed mentally ill person. Meds may lessen symptomology but they may never cause the cessation of all the disease's symptoms. In other words the person is still mentally incompetent. Do all states have a Vacaville-like institution for these prisoners? If being released endangers themselves or the community at large, that cannot be tolerated.
    I have not followed this issue, but the ruling looks like really good news. In recent years we have trended away from the notion of special protections/considerations for juveniles, based on an understanding of development.

    But, I think you have brought to the table an important consideration. My first response is that prison is not appropriate for people who are mentally ill. But I don't know the answer to your question with regard to facilities. I do believe that our capacity to provide appropriate mental health care for people who are imprisoned falls well below the need--and that a disproportionately high percentage of the prison population suffers from some form of mental illness. I believe that some states have institutions for the "criminally insane," of folks whose illness was either integral to their commission of a crime, or interferes with their capability to assist in their defense. But all states, and are they adequate? Good question.

  5. #5
    Join Date
    Dec 2011
    Location
    Coffeelandia
    Posts
    5,677
    This is really interesting and will have repercussions from here on. I am half in agreement. When I think of kids that TRULY make a horrible mistake versus little psychopaths, my opinion on the ruling changes.
    Don't take yourself so seriously... nobody else does.



Similar Threads

  1. Replies: 1
    Last Post: 08-30-2015, 05:24 PM
  2. Court: Heart of gay marriage law unconstitutional
    By Reader in forum Up to the Minute
    Replies: 50
    Last Post: 06-07-2012, 08:56 PM