Jailed Juveniles Won’t Get Relief From Supreme Court Ruling (10/31/13 11:47 Am)
PITTSBURGH — In 2012, the U.S. Supreme Court, in a decision known as Miller v. Alabama, found that mandatory prison terms of life without parole for juveniles were unconstitutional.
On Wednesday, the Pennsylvania Supreme Court, in a split decision, said that opinion does not apply to those offenders already serving their sentences.
That means that about 500 prisoners in Pennsylvania, who had hoped they could be resentenced under the U.S. Supreme Court decision, cannot.
Several states, including Iowa, Mississippi and Illinois, have found Miller to be retroactive, while others, like Minnesota, Michigan and Florida, have said it is not.
Experts believe that the issue of whether Miller should apply retroactively will eventually return to the U.S. Supreme Court for ultimate resolution.
“The sad thing, to me, is that will take time,” said Sara Jacobson, a Temple University law professor who has worked with the defense on this issue. “There are people who will die in jail before that clarification is made.”
More: Jailed Juveniles Won’t Get Relief From Supreme Court Ruling (10/31/13 11:47 Am)