First, the Supreme Court ruled 6-3 that juveniles sentenced to life in prison without parole must have the right to challenge the sentence:
The Supreme Court ruled Monday that those sentenced as teenagers to mandatory life imprisonment for murder must have a chance to argue that they be released from prison.
The ruling expanded the court’s 2012 decision that struck down mandatory life terms without parole for juveniles and said it must be applied retroactively to what juvenile advocates estimate are 1,200 to 1,500 cases.
More than 1,100 inmates are concentrated in three states — Pennsylvania, Louisiana and Michigan — where officials had decided the 2012 ruling was not retroactive.
They should have a chance to be resentenced or argue for parole, said Justice Anthony M. Kennedy, who wrote the new 6-to-3 decision.
The Opus Dei wing of Scalia, Thomas, and Alito opposed this, because of course they did.
Also, President Obama did the following:
President Obama on Monday announced a ban on solitary confinement for juvenile offenders in the federal prison system, saying the practice is overused and has the potential for devastating psychological consequences.
In an op-ed that appears in Tuesday editions of The Washington Post, the president outlines a series of executive actions that also prohibit federal corrections officials from punishing prisoners who commit “low-level infractions” with solitary confinement. The new rules also call for expanding treatment for mentally ill prisoners.
The president’s reforms are expected to affect about 10,000 inmates.
These are simultaneously small but enormous reforms of our hideous criminal justice system. Small, in the sense that there is so much more to do, but enormous to every single person who will see some relief. It’s also, I hope, a stepping stone- once these reforms are enacted and people realize there is no reason to behave this way as a nation, future reforms will possibly become easier.
Cacti
Surprised by Alito’s vote, but in a good way. 6-3 is a lot harder to overturn than 5-4.
Ramalama
This is great. And I’m finding that it’s a gateway drug for me. Because I want more more more reform.
I really want, and this will never happen, Obama to pardon everyone convicted of non-violent pot offenses. And if people are still in prison for pot, then a release. And the offense stricken from everyone’s permanent record.
Baud
The Opus Dei wing was Scalia, Thomas, and Alito. Roberts was with the good guys on that one.
E
@Cacti: Cole got it wrong — I was surprised too and checked. Roberts was with the majority, Alito not.
Cacti
@Baud:
I knew it was too good to be true, re: Alito.
Mnemosyne
I just saw the solitary confinement news on Facebook (I Liked the president, so now he shares news like this with me and his 2 million+ other besties). Hopefully the tide is starting to turn on this BS.
Even on Facebook, most of the naysayers were more (rightfully) appalled that a kid could be held on Rikers Island for 2 years without a trial. Needless to say, that is also a Really Big Problem that needs to be addressed.
Patricia Kayden
Thanks Obama!
Elizabelle
@Baud: Scalito.
Well done, Mr. President.
Keith G
@Mnemosyne:
Our bail/bonds system is basically a horrible cluster-fuck. Arrests based the accusation of minor criminal activity can led to the option of either pleading not guilty and (if bail can not be found) spending who knows how long waiting for a trial date or pleading guilty and spending a couple of days to a week in lock up – but you get a firm and expedited out.
This system is a great way to dish out life-altering consequences for what are often relatively minor offences.
Roger Moore
@Keith G:
Or for doing nothing wrong but happening to have the wrong skin tone or being a member of the wrong socioeconomic class. Plenty of innocent people plead out because it actually shortens their incarceration time, but at the cost of having a dirty record that will haunt them for the rest of their lives.
Keith G
@Roger Moore: Exactly. I meant to add that tag at the end.
sigaba
The Federal prison system had 10,000 juveniles in the SHU?
Mai.naem.mobile
I wonder if Roberts having teenagers/young adults in the house has forced some humanity on him. I’m too lazy to look it up but I’m thinking those Little Lord and Lady Fauntleroy twins are in their late teens and have given him some scares and grey hairs.
EconWatcher
Remember the Prison Rape Elimination Act of 2003? Wouldn’t blame you if you forgot. Last I knew, numerous states were flouting it with no consequences, including Texas, which has (surprise, surprise) the worst record on prison rape.
Reasonable minds can differ on the which is the most disgraceful failing in our society. But in my book, prison rape is it. We literally think it’s a joke when young prisoners, including teenagers in adult pens and children in juvenile detention, have their bodies and souls ripped apart, and are left broken for life. And it’s obviously preventable if anyone gave a damn.
Jay Leno used to love to tell prison rape jokes. I’ll never forget the knowing smirk.
C.V. Danes
Solitary confinement is cruel and unusual. It shouldn’t be used, period.
Ramalama
@EconWatcher: Yeah that’s the worse in my book too. I hate prison rape jokes. Reminds me of the book “Brother One Cell” about an American who committed a crime in South Korea, and was imprisoned there. Horrible conditions. But no one bothered him bodily. When he was given the option of continuing his sentence in an American prison, he balked. He didn’t want to get raped.