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Subscribe to RSSWhen the U.S. Supreme Court ruled in late June that states could not sentence juvenile killers to life without the possibility of parole under mandatory sentencing guidelines, Iowa Gov. Terry Branstad said he believed the victims were being forgotten.
And so, in a move some legal analysts say flies in the face of the Supreme Court ruling, the governor commuted the life sentences of 38 juveniles, reducing their terms to 60 years, in a bid to make sure they stay behind bars for a very long time.
If the sentences hold, those offenders will face parole boards in their mid-70s, provided they live that long.
“He simply replaced the life sentence with another very long sentence,” said Marsha Levick, chief counsel of the Juvenile Law Center in Philadelphia.
Writing for the majority in Miller v. Alabama, Justice Elena Kagan wrote that in 28 states, juveniles were sentenced to life in prison without consideration for their upbringing, peer pressure or modern brain science. Kagan also noted studies that say few of the teens who commit crimes “develop entrenched patterns of problem behavior.”
“Their ‘lack of maturity’ and ‘underdeveloped sense of responsibility’ lead to recklessness, impulsivity, and heedless risk-taking,” Kagan wrote. Miller is among several rulings since 2002 in which modern brain research had informed the majority's view that children reason differently than adults.
Levick said up to 2,100 juveniles across the country have been sentenced to life without parole under their state’s mandatory sentencing guidelines. Mandatory sentencing means that an individual convicted of a crime receives a pre-determined sentence; as a result, a judge’s discretion is limited. The ruling does not apply to cases where judges are allowed to impose their own sentences.
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Gov. Branstad said Miller disregards the suffering endured by the families of the victims. He said he worried that if he did not commute the offenders' sentences, they would request another hearing and ultimately receive a lesser sentence.
“First-degree murder is an intentional and premeditated crime and those who are found guilty are dangerous and should be kept off the streets and out of our communities,” Branstad said in a statement released Monday.
Gordon Allen, who represents two Iowa women who were sentenced to life as juveniles, called the governor’s action an “overreach.” Allen said the governor misunderstood the court ruling, which says sentences should be determined case by case. He said he was working on how to legally challenge the governor's decision.
“I don’t think a carte blanche with 60 years for everybody is in line with Miller,” he said.
“Branstad said, ‘These are the most heinous criminals around,’” Allen continued. “Quite frankly, some of them are. But some of them are there because of peer pressure.”
Levick, of the Juvenile Law Center, said states are sorting out their response to the Supreme Court ruling.
“The hope is that states will heed the message of the Supreme Court that you cannot sentence children like they are adults,” she said.
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Someone stands up to our illegal justice system.
Commit the crime, do the time.
Our justice system is fine. They are only teens, and can become good members of society. Why put them in jail for long periods of time? Come on, if they are minors, treat them, and try them as such.
Each case should be looked at INDIVIDUALLY. There is a world of difference between someone who shoots another out of anger or fear and someone who tortures /rapes/ beats their victim before killing them. One MAY have made a serious error in judgement while the other is a twisted animal who should NEVER be set loose.
Some people ARE redeemable, but some NEVER will be.
There can be differences in some crimes that result in a death, but THESE are First Degree murders! These were plotted and planned out ahead of time, carried out from start to finish by these people.
I agree completely with commuting their sentences from life to 60 years. Good governor there!
You have written a beautiful comment; i wish more people were like you. The fact that you included the underestimated words "First Degree murders" makes you a good reader; you know how to read, therefore you know how to properly state your ideas. I agree with you, sir.
I don't care how old they are, first degree murder should be a capital punishment!
nice move! lets see how many other states get on board. if you commit first degree murder you should not get a pass becouse of age. look how many gangs have juveniles do the dirty work cause they know they will get shorter sentences if any at all
Kagen has no business on a local court much less the highest court in the country, I see no difference between a child murderer than a adult murderer. I do not believe in life without parole, I fully support the death penalty and if the defendent is guilty without any doubt then they should be executed immediatly. The persons age does not matter, if a child is under the age of 12 then all of the circumstances should be taken into consideration. Murderers, sex abusers, child abusers (extreme mental or physical), rapists, should be executed.If they are not around then you no longer have to be concerned about them getting out and doing it again. Cased closed. If by some fluke that a innocent person is executed then the prosecutor should take the innocent person's sentence, no one should be executed unless they confess or they are proved completlly without any doubt guilty. Overzealous prosecuters who are out to make a name for themselves by neglecting their duty to make sure the defendent is guilty without any doubt should pay the same price as the person they prosecuted would have.
And I thought Branstad was was a law and order guy and there he goes and reviews 60 cases and in each case he reduces the sentences from life in prison to 60 years. Who knows, the next thing that may happen is that our liberal Iowa Supreme Court will jump and and say, "nope, you can't do that. They were sentenced to life in prisons, so life in prison it is."
I agree with the Gov. in this State. These kids knew what they were doing when they took someone else's life. I think they all should get life.
There are even some differences in circumstances in First Degree murders, so I do think that each case should be looked at individually. Sweeping sentences are not good for the justice system in general. However, I would venture to guess in 90/100 percent of the cases, the 60 year minimum is just. It's the 10 percent I'm concerned about. That's why I'd like to see INDIVIDUAL reviews and sentencing.
I too used to be a proponent of the death penalty, no longer. While some MOST DEFINITELY deserve it, there are a significant number of innocents as well. If ONE innocent person is put to death by accident ... that's one too many for me. I'm not willing to make that trade off.
When are we going to stop treating convicted criminals like they are valuable, and start treating them like they deserve? The ruling of the Governor is fair. Those who are affected by his actions should have thought more than once about the crime they chose to commit.
The ruling by the Supreme Court does not say that they ever have to be released. It says that they they have to have an opportunity to plead their case to a parole board. The victims, law enforcement, and prosecutors, as well as interested community groups can also testify at these hearings. They are not going to get automatically paroled. Look at the Manson killers. None of them has been released in spite of numerous hearings. The women all had exemplary records in prison, but they are still locked up due to the heinousness of their crimes. The Miller ruling is reasonable.
Old Sarge,
The Governor is allowing these CRIMINALS their due process. He IS allowing them to go before a Parole board, it is just AFTER they serve the 60 years. I see no problem with what he did. Would you feel the same way if someone in your family was killed by these "minors"????? I for one would love for someone who murdered a family member to be released because then I would be the one in jail and not that POS. That POS would be in the ground. I also would NOT waste tax payers dollars with a trial, I would just plead guilty and take my punishment like an adult.
usa is great-The arrogance of that remark is beyond comment. I have had a family member murdered, by a 19 year old drunk, drug addicted teenager. It was devastating to our family, and the grief is never ending. The killer served just over 21 years of a 35 year sentence. We found no closure from his sentencing. The hurt and loss ached just as much. Hate and revenge are not helpful. They just eat you up inside. You have to let go of the hate and move on. So the answer to your question is yes. Now please take your @!$%# elsewhere.
I think that if you read about how these "young criminals" kill their victims without pity and so viciously you would think twice before you believe that they should be let out at all. Sometimes I think they are worse than some of the adults who kill people. Maybe if we had tougher punishments and more parents who would discipline their children and not be their friends we wouldn't have as many issues with our teens.
Teenagers can be very reckless!! Things like shoplifting, underage drinking, recreational drugs, etc are within the normal limits of teen behavior. Murder, armed robbery and rape are not. Teens who commit these crimes are a danger to themselves and society and should be locked away for good. They can't be helped most of the time. :-(
As mentioned in the article, the overwhelming majority of scientific evidence indicates that this is not the case.
I'm a flaming liberal as some of you already know. I support this governor's decision.
The murder was not an accident.
If people like these cold blooded murderers are ever released .. please move them next door to the people who are defending their action here. I think it's too risky for them to live near me ... But if you supporters want to take a chance .. OK.
eric it doesnt matter if your a liberal or not a little common sense goes a long way. i dont think this issue is a party issue. how can you make sure that someone who has taken a life will never do it again. its a risky chance to take.
Just because they are eligible for parole doesn't mean that they will get it. That is why there are parole boards. And the victims, prosecutors, community groups, all get to testify at parole hearings as well. The Supreme Court was correct in this ruling. We need to have more flexibility in this. A particularly heinous crime where torture, rape, multiple murders is involved is unlikely to be granted parole. A kid who continues a pattern of antisocial behavior in prison will not be granted parole. The Charles Manson case is a perfect example.
Old Sarge; there should not be parole boards, do the crime do the time, no good behaviour applys. There should be a nationwide census as to what the sentence should be and to fit whatever crime that has been commited and it should be enforced in all states. By doing this a judge could not use his personal feeling in sentencing the offender. The time served in prison should not be in the hands of the judge or the jury. The law of the land would apply. If you are in prison and while there commit a crime then the same law would apply even while in prison. In other words just because you will not be allowed to get out early because you have been a good boy/girl you decide to take it out on prison guards or property, you will just add to your sentence.
Ham Jam: You really believe that most of the minor criminals that are arrested and convicted dont go on to be hardened Adult Criminals??????? You my friend need to take those rose colored glasses off since all I keep hearing about are minors who kill people everyday and they all say the same BS story of how they live in a poor neighborhood, no adult supervision, bad peer pressure etc... Unless you can diagnose these kids with a mental illness then they all knew right from wrong and CHOSE to act in the wrong manner but dont want to deal with the results of their behavior. I can guarantee you that if you polled all of the ADULT convicts in prison right now over 90% would state this is not their first time in jail and about 80% would agree their prison life started in Juvi. Detention centers.
Most teenagers don't go around killing people and those that do justified or not must service their time. Now what is fair amount of time for a life taken? Good question, but when we look at the system that allows drug pushers, child molesters, and rapist out on the streets within a years time and I am talking repeat offenders. There is a major problem when that same system can't see pass letting a person whose committed a crime as a child and might or might not have known what he was doing.
Drug Dealers, rapist, child molesters have been proven to repeat again and again yet the prison system release them over and over again. I HAVE A PROBLEM WITH THAT!
If they don't want to release young murderers, fine, but don't release the older ones either nor any other criminal for that matter! Keep all of them behind bars where they all belong.
As you and I know that's not going to happen. So, why be unfair to one group and not to an other?
So where are all the dummies who are usually on here bitching about our "right wing" SCOTUS?
Good for Governor Branstad! Finally, an elected official with some guts, and put the family of the victiims first. Teenagers may act irrationally, but they know the difference between right and wrong. I sleep well knowing these people are behind bars.
Justice Kagan we can not control their upbringing and where they grew up. The fact of the matter is they are violent, brazen killers and society needs to be protected against them. What ever happened to the victim in the crime? I guess the SCOTUS feels they do don matter?
There is a common, uneducated, almost childishly simplistic, view of criminality and punishment in this country.
If you are more interested in furthering your education and being more informed than clinging to ideological and philosophical assumptions, you should start with a few books on neuroscience. Anything by V.S. Ramachandran would be a great start. I would also highly recommend "Incognito: The Secret Lives of the Brain" by David Eagleman.
Our understanding of the human mind has moved light years ahead of our criminal justice system. We can either continue to feed a massive incarceration system that is taxpayer funded, or pay attention to science and apply it to our criminal justice system, no matter how much it may contradict dark age era attitudes towards punishment. We need to differentiate between those who can still be shown how to be a contributing member of our economy and society, and those who cannot. The former do not require life sentences. The later need to be permanently kept away from society.
Many will simply not accept this, but tumors can modify your personality, behavior, and even morality.
A mild stroke can have an almost endless impact on who you think "you" are, and what you conceive of as "free will".
I dont have any links, but you may also want to search for prison inmates farming and the raising of endangered species, such as frogs, at prisons. I cant remember the prison, but I believe it's either in Oregon or Washington.
Reading quality books will improve your understanding and allow you to make more informed comments to family, friends, and on-line. Choosing to only listen to people who reinforce your assumptions does no one any favors.
I hope all the bleeding heart liberals really go against Iowa on this one. We need Iowa but I think we will get it without the Dumocrats help anyway.
"Without considerstion for their upbringing"? "Peer pressure"? These little a**holes successfully plotted, planned and carried out murder! And now we are supposed to accept that they might have had excuses that should be taken into consideration? Upbringing and peer pressure - let's just add to that list: maybe they were grounded a few times for not doing their homework. Maybe mommy and daddy destroyed their ego by not buying them the wheels they needed to be impressive. Maybe they had a curfew. Maybe they were just hypnotized by the Murder Fairy. I applaud the Governor's action and I sincerely hope it sticks and is emulated by other govornors.
I am taking a class on Juvenile Justice and we are discussing this subject. We have reviewed many cases of Juveniles serving life sentences. There are a few who are just evil, but there are many more who, if they were an adult and committed the same crime they would have received 8-15 years. There is something wrong with the system and some laws that were enacted in the 1970-1980's that prevent a shorter sentence for juveniles. Many of the inmates who began as teens have rehabilitated but law prevents them from being released. And many of the inmates serving life sentences are not in for premeditated murder. Some not even for murder. I am sure the Governer has good intentions, but he needs to look at the cases more closely. Something needs done but 60 years is a life sentence.
I wish people would understand. These juvenile offenders did NOT all commit Murder. I understand that the Governer commented that these are murderers.
But he would be incorrect. He should have done his homework prior to making that stament because the truth is 60% are in for taking the lives of another. Only about half was "premeditated murder". ( That is about 30%- not ALL.)
However, this article isn't pertaining to those 'others' of the 2,100 juveniles serving life sentences.. it's concerning those 38 in Iowa who were convicted of First Degree murder, premeditated and carried out and completed. Don't know about the others, or what states they are in, or what crimes they committed to put them in prison for life.. only these 38 first degree murderers in Iowa. I think the Governor handled this correctly.
As was said before there is killing,then there is killing.We seem to have grown some sense of the law that has as its' basis,semantics and twisting words to suit your purpose ala"depends on what the meaning of the word 'is' is".A child warped,nature or nurture,instigation,pursuance of quarry,all need to be determined.Is this a crime of some spontaneity or planning?As they were 1st degree murder cases,i suspect these aren't just misunderstood children.We know a 'kid' can be a cold blooded killer as much as an adult.Dot hey appreciate the profound implications?Perhaps not,but they are old enough to know that killing is#1 wrong,and#2 permanent.Fine-life sentence
Is Gov. Branstad a child psychologist? There are victims of crime. There are victims of circumstances of birth. There are victims of government lacking integrity and purpose. Trying immature boys and girls as adults is criminal in and of itself. Putting a 12-year old in prison for life no matter how heinous the deed serves no purpose. Consider the victims? Victims of murder are dead and don't care. People die prematurely in car accidents, Bush's wars, at the hands of careless hospital employees, and in the commission of crimes. We all mourn and get over it. There is no place for emotions in sentencing. YOUR LOVED ONE IS DEAD! GET OVER IT AND CONTINUE YOUR LIFE. DON'T COME TO THE SENTENCING CRYING ABOUT YOUR LOSS SO THAT SOMEONE ELSE WILL SUFFER A GREATER LOSS AS WELL. THAT'S VENGEANCE, NOT JUSTICE.
Keeping a convicted murderer in prison serves no purpose? I'd strongly disagree. Someone who commits murder at any age are far more likely to do so again. At least in prison their potential victims are limited.
Bull! Let them stay in prison!! How can you say that to families of murdered victims... But I do agree with you the younger ones they should not get life etc.. They may be saveable.. HOW do the families get over a young girls rape, torture and murder???
Um .. OK .. as long as they move to the city you live in .. not mine .. go for it.
"Your loved one is dead. Get over it"?
I guess kountryking has no loved ones. . .
Probably not, with an attitude like that.
Vengeance is justice.
We need to remind ourselves that retribution is not a dirty word. 1st degree murder requires premeditation so these teenagers thought about and planned what they did. The governor should have commuted to 75 years so that all of them would die without attaining freedom.
People like Elena Kagan are what is dragging our society down the proverbial chute. The appologists, the enablers, those who eschew even the hint of personal accountability. Lack of maturity, responding to peer pressure, under-developed sense of responsibility are presented as excuses and reasons to allow some level of leniancy disproportionate to the results of the crimes - at least from the perspective of the victims and their families.
As a teenager I did considerable mischief but certainly knew better than to committ robbery, murder or rape. Anyone who would attempt to pressure me into such acts wouldn't be anyone I'd hang out with.
I'm sorry, but as an adult, I remember peer pressure as a child. Yes, it was difficult, yes it was hard to resists. However, I had an excellent moral compass to tell me what was, and was not acceptable. Fear of my parents.
That simple fact, that I would without any doubt have to face them and explain my actions, was enough to stop alot of dangerous behavior. Saddly this is something many youth today do not have. They have no respect for themselves, their elders or almost anyone else.
I firmly believe the juvinile killers belong behind bars for life. Especially for acts of pre meditated murder. If your old enough to plot a sucessful murder your more then mature enough to know there are consequences for it.
I realize this sounds a bit odd.....but I firmly believe there is a distinct and direct correlation between reading comprehension and "moral" compass. Kids who don't or can't read - only know what somebody else 'tells' them.
FWIW - my youngest brother was murdered by two 18 year old girls while he slept. Both are in prison. One got 50...will do 25 for good behavior, and the other got 35...and will do 17 for good behavior. Meanwhile, my niece's children still wonder how somebody could take away their grandpa. And, I have watched my brother's children wrestle many years with the emotional toll of a crack head killing their Dad.
I am not in favor of letting murders out regardless of their ages... Unless they really did not know right from wrong they should be locked up in mental hospitals. The rest knew what they were doing was wrong-let them stay in prison until they can find a way to bring back their victims. After all the victims got a sentence of death and no trial..
"they really did not know right from wrong"
Only problem with that is which attorney's paid shrink is factually right?
For as long as it is not a liberal legal loophole, where 60 years becomes 30 and then 30 becomes 15 and so on simply because these killers showed "good behavior". We need to establish precedence to make teens think again before commiting heinous crimes.
"case by case" basis is the key.
Some are retrievable and some are not.
Some make huge mistakes and some make huge mistakes and are animals forever. I knew a couple animals who turned out OK by channelling their physical strength, aggressivity and seemingly flat emotions to military use. they slowly matured over decades to a level (socially speaking) that a 13 years old girl often has. I often wondered how they didn't end up in jail for murder. Military work was the answer, and they did real well at that while serving society.
And can those scientists pin-point - on a case by case basis - exactly when the 'child' became an "adult"? We are already aware that there are way too many over the age of 21 that never grew up - just as we have seen teenagers who had to take on the responsibility of raising siblings, or caring for a parent.
So, if they can pin-point the momentous occasion of becoming an adult - then wouldn't that toss out all of the 'legal age' arguments?
Excellent. I love it! Tell the supreme court to stick their ruling where the sun don't shine.
“Their ‘lack of maturity’ and ‘underdeveloped sense of responsibility’ lead to recklessness, impulsivity, and heedless risk-taking,” Kagan wrote. Miller is among several rulings since 2002 in which modern brain research had informed the majority's view that children reason differently than adults.
As a parent of a 20 yo, I agree this pretty much sums up how a teen's brain works. I also do believe that their upbringing has a HUGE part in how their brain functions. Although, it is also known that kids will often show psychopathic tendencies before adulthood. Psychopathy, however, has often been considered untreatable.
It's a double edged sword that I believe should best be left up to the experts to decide whether a person can be rehabilitated. I believe this is what the Supreme Court was thinking when they made the ruling. By giving these teens a CHANCE at parole, the experts (parole board, etc.) will be able to use their expertise with criminals to determine if the kid shows that he's able to go back into society without being a danger to others. Unfortunately, Gov. Terry Branstad has basically said the parole boards aren't competent enough to make that decision and that he knows more about a person's chance at rehabilitation than the Supreme Court. Narcissistic much?
Is it just me or does Elena Kagan look like a female version of Fred Flintstone? Beyond the fact that her legal opinions come off of so much liberal drivel, it's hard to get past the Fred Flintstone effect.
In other parts of the world, they would have been hanged in public or had a bullet to the back of the head a long time ago. 60 yrs...we lose.
It wasn't all that long ago when minors convicted of capital crimes would be put to death in this country. Today, violent crimes committed by juveniles are commonplace because there is always a bleeding heart liberal ready to turn them into a victim and defend them against any real prosecution or punishment.
Thank you liberal America for making this country a more dangerous place to live in.
People do not change in basic character after the age of twelve no matter whether their upbringing was excellent or horrible. Just go back to Leapold and Loeb for upper class upbringing gone sour. Please stop trying to give a free pass to sociopaths of any age.