![]() ![]() ![]() ![]() Prosecutors will have to decide when a case merits requesting a life in prison without parole sentence, and when to request a sentenced of a term of years. Under the ruling, factors related to the offender's age must be taken into consideration before imposing a sentence of life without parole, such as the juvenile’s immaturity, family and home environment, circumstances of the homicide and involvement in it, and how they handled contact with lawyers, police and prosecution. "Miller v Alabama” said mandatory life in prison without parole for juveniles is cruel and unusual punishment. The Monday decision in Carp's case reverses that. Supreme Court decision in "Miller v Alabama" was not retroactive. Patricia Selby, Carp's lawyer, said the order from the state supreme court was a way of "cleaning up." The state had ruled in 2012 the U.S. The ruling impacts at least four Michigan cases: Carp, Tia Skinner, Michael Hills and Jimmy Porter. The ruling does not mean youth offenders can't be sentenced to life without parole, instead, the mandatory life sentence can't be automatic. Supreme Court ruled in January that its earlier decision that mandatory life in prison for juvenile offenders is cruel and unusual punishment must be applied retroactively. The state ruling came in the case of Raymond Carp, who was 15 in 2006 when he helped his older brother kill Maryann McNeely of Casco Township. The ruling brings Michigan in line with a January U.S. The Michigan Supreme Court ruled Monday that juvenile offenders who have been sentenced to mandatory life in prison without parole must be resentenced. ![]()
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