According to a Supreme Court ruling that was just handed down, more than a thousand inmates across the nation who were sentenced to life without possibility of parole when they were juveniles will now be able to challenge the punishments.
Thousands Accused as Juveniles Can Now Challenge Punishment
In January, 2016, the U.S. Supreme Court’s decision extended a previous 2012 ruling that had invalidated future life-without-parole sentences for juveniles to all similar offenders that had been received life sentences in the past.
The recent case involved Henry Montgomery from Louisiana. At the age of 17, Montgomery killed a deputy sheriff in East Baton Rouge. During his court case, the court was barred from considering arguments that his age should play a factor in its decision. These arguments, according to Montgomery’s lawyers included “evidence that as a scared youth, Mr. Montgomery shot in panic as the officer confronted him playing hooky.”
Rulings Typically Not Applied Retroactively
Typically, as has been the case in the past, new rulings do not apply retroactively. Courts have long held that society has a better interest in convictions being deemed as final. This means that if a new law was handed down, the decision would not affect or change previously decided upon rulings.
Such was not the case in this decision. By a 6-3 vote, the Supreme Court ruled that its 2012 decision was in a special category of exceptions applying to past decisions that ban certain types of punishment for a class of offenders due to their status.
What This Means for Inmates
Currently 2,341 inmates are serving mandatory sentences of life without parole for offenses they committed when they were juveniles.
The ruling means that close to 1,000 of those inmates could now be able to challenge those rulings, according to a study by The Phillips Black Project. This Project is a non-profit law group that represents prisoners currently facing severe sentences.
The remaining group, as the study concluded, were in states that have already retroactively applied the ruling.
States will not have to hold new sentencing hearings if they allow the offenders the opportunity of release on parole. As the ruling reads, such a step “ensures that juveniles whose crimes reflected only transient immaturity — and who have since matured — will not be forced to serve a disproportionate sentence” in violation of the Constitution’s ban on cruel and unusual punishment.
In contrast, the ruling stated, “Those prisoners who have shown an inability to reform will continue to serve life sentences.”
If you have a teen, you might want to consider at least knowing of a good criminal defense lawyer. Sounds a little crazy, right? Here’s why it might not be.
It’s hard to believe that your little angel could be responsible for a crime, but regardless of how hard you’ve tried to raise them well, kids will always get into trouble. Usually it’s nothing to worry about – maybe problems with Algebra, or talking during class. But when that trouble turns into bigger problems, and it does happen, you’ll want to be prepared.
Stories of bullying, fighting, and even death involving teenagers flash across our TV screens every day. How can a teen go from living a normal life to all of a sudden being charged with a crime? It can happen in the blink of an eye, a text message, or in a Facebook post.
That’s why Lisa Green, author of On Your Case: A Compassionate (and Only Slightly Bossy) Legal Guide for Every Stage of a Woman’s Life, believes every parent of a teen should know of a criminal defense lawyer.
Criminal Defense Lawyer
A criminal defense lawyer handles a variety of cases including:
- Drug Charges
- White Collar Crimes
- Violent Crimes
- Sex Crimes
- Theft Offenses
Hiring a lawyer is your best bet in defending yourself against criminal charges such as this one. A criminal defense lawyer will give you guidance on the strengths and weaknesses of your case and your specific risks of conviction and punishment. They will help to explain the legal system and the procedures involved. And when the allegations are against your son or daughter, a criminal defense lawyer can be your first line of defense.
Green, who also works as a lawyer believes that every parent should know of a criminal defense lawyer. Not having one is “the unrecognized area that parents, particularly parents of teens, miss all the time. So many of our friends have armies of tutors, extracurricular activities, all sorts of angles covered … but when it comes to the law, there’s this black hole.”
Ways to Protect Your Child
There are some things you can do to protect your child and his or her rights. First, review any codes of conduct that are provided by their school. A lot of times parents are unaware of the fact that a school has certain laws they must abide by, including searching personal property. A student is allowed to ask if they can call their Mom or Dad before a search is conducted.
“They need to have reasonable suspicion that something’s wrong,” said Green. She advises that parents talk to their teens about what’s appropriate behavior, as well as what’s appropriate action, and what’s not appropriate when it comes to handling a request like this. Essentially, parents need to act as their child’s first legal advocate. This is how a teen should handle such a request:”If you’re asked, as a child, for a locker search, to open a phone, to open a laptop, if it’s your property, pause and ask if you could call Mom and Dad,” she said. “We can act whether we’re lawyers or not as that first line of defense.”
Parents Responsible for Crimes
If your child commits a crime, you should know that as a parent you can face charges.
“I am not advocating that kids should be absolved of responsibility. If a kid does something wrong, if they broke the law, they ought to be punished appropriately by it. But we also live in a society where we have legal rights, and I want parents to know that they should be aware of what those are so they can help their child use better judgment.”
Each state has its own laws regarding the legal responsibility of parents and legal guardians for criminal acts committed by minors in their charge. Many of these laws were enacted on the assumption that when a minor commits a crime it is because their parents have failed to exercise proper control and oversight.
California’s parental responsibility laws place potential liability on parents and legal guardians when a minor causes harm to a person or causes damage to property including car accidents and other acts.
A parent is liable for a minor’s “Willful Misconduct” in California under the California Civil Code section 1714.1, which states: “Any act of willful misconduct of a minor that results in injury or death to another person, or in any injury to the property of another, shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages.”
“Willful Misconduct” means that a minor did something on purpose, with intent.
The statute states that the custodial parent or guardian is jointly liable, along with the minor, for any damages resulting from the minor’s willful misconduct, for an amount not to exceed $25,000 for each wrongful act.
If a person is injured as the result of the minor’s “willful misconduct”, the $25,000 limit can include compensation for medical treatment and other injury-related expenses. It cannot include compensation for non-economic damages like pain and suffering.
If the minor’s misconduct involves “defacement of property of another with paint or a similar substance,” the limit of the parent or guardian’s joint liable is still $25,000.
Working with a Criminal Defense Lawyer
Once you and your attorney have discussed the specifics of the allegations that you or your child are facing, you will be informed about the strengths and weaknesses of your case, including the risks of conviction and punishment that you face. A defense attorney will be able to negotiate a plea deal or decide to move forward with a trial, while constantly working to ensure your best interests.
Our ability to find the right approach in your situation can make the decisive difference in adult or juvenile criminal charges such as:
- Violent crimes such as assault or vehicular homicide/li>
- Sex crimes/li>
- Drug offenses/li>
- Alcohol offenses from minor in possession or underage drinking to DUI/li>
- Fake ID or identity theft/li>
- Disorderly conduct/li>
- Property crimes from vandalism to auto theft or burglary
We advise and represent high school and college students on criminal charges both on and off campus, and we also work closely with parents to make sure that our approach is best suited for your family’s needs.
The criminal defense lawyers at Daniel Perlman Law in Los Angeles will put our experience to work for you. We believe every defendant has the right to a zealous defense. We offer free initial consultations and will usually quote a flat fee that will cover all the services necessary for your case, including trial. To schedule a free consultation with one of our Los Angeles criminal defense lawyers, call 877-887-4541 or contact us by e-mail.