Saturday, December 28, 2013

Do The Crime, Do The Time

Earlier this week the Massachusetts Supreme Judicial Court (MSJC) followed suit on the 2012 decision of the U.S. Supreme Judicial Court (SJC) of Miller vs. Alabama.  In the decision the SJC determined that mandatory life sentences for juveniles who commit murder violates the Eighth Amendment of "cruel and unusual punishment".  This would mean that if a 14 year old boy was angry and decided to kill his math teacher in the school bathroom for no other reason than that he was mad at the world, he would not spend the rest of his life behind bars.  So taking someone’s life should not mean yours is ruined, unless you are of a certain age.

The main reason I have an issue with this judgment, which is now being implemented nationwide, is that I really have problems with legislating from the bench.  Granted, at this time, I don't think our legislators could do a better job, but they are the ones elected to make the laws, not the courts.  I have always had a difficult time with this, not just in this case.  The Constitution's first three words are "We the People..." not "We the Judges....”  The Supreme Court has no accountability to bad laws that it makes.

The SJC came down 5-4 on this decision stating that mandatory life sentences for juveniles do not “guarantee(s) individuals the right not to be subjected to ex-cessive sanctions.”, which is the Eighth Amendment.  That may be so, but wouldn't that apply to all murderers?  I guess this is where the interpretation comes in and the SJC feels the need to write the law.

The SJC argued that the maturity level of the juvenile criminals are not capable of understanding their crimes, therefore should not spend the rest of their lives behind bars.  Justice Kagan wrote in the opinion of the court "We reasoned that those findings—of transient rashness, pro-clivity for risk, and inability to assess consequences—both lessened a child’s “moral culpability” and enhanced the prospect that, as the years go by and neurological devel-opment occurs, his “‘deficiencies will be reformed."  That is a big guarantee on reform.

But the decision violates another amendment, in my eyes.  The 14th Amendment, which provides citizens the equal protection under the law.  The 14th Amendment is hogwash anyway because a 4 year old cannot get a driver’s license, a man cannot attend an all-women’s college, and gays not being able to marry falls under the 14th Amendment.  But if a 16 year old and a 28 year old commit the same crime they are subjected to different sentences. What if the mentioned above did the crime together, one goes to jail for the rest of their life and possibly put to death and the other walks out of jail in a few years?  Doesn't seem to be equal protection to me.

I agree that our juvenile criminals should be reformed to be able to function in society again, but I draw the line at murder.  I also don't have faith in the penal system to do so and Chief Justice Roberts said as much in his dissenting view.  He wrote:

"In this case, there is little doubt about the direction of society’s evolution: For most of the 20th century, American sentencing practices emphasized rehabilitation of the offender and the availability of parole. But by the 1980’s, outcry against repeat offenders, broad disaffection with the rehabilitative model, and other factors led many legis-latures to reduce or eliminate the possibility of parole, imposing longer sentences in order to punish criminals and prevent them from committing more crimes."  

He went on to say. 

"....if a 17-year-old is convicted of deliberately murdering an innocent victim, it is not “unusual” for the murderer to receive a mandatory sentence of life without parole. That reality should preclude finding that mandatory life imprisonment for juvenile killers violates the Eighth Amendment."

The SJC opened a Pandora’s Box with this ruling as longtime juvenile offenders are asking for retroactive releases.  So Maryland, Lee Boyd Malvo (DC Sniper) can technically ask to be released.  According to the SJC the six life sentences that he is serving are cruel and unusual.  His cohort John Allen Muhammed was put to death in 2009.

I am not surprised by the MSJC's decision to uphold this ruling, it's the nature of the Commonwealth.  I truly think the SJC dropped the ball on this one.  If the MSJC wanted to truly support an SJC ruling and legislate from the bench, they should advocate for the SJC decision for consumers to buy wine directly from the vineyards.

3D
If you don't take it from me, ask my wife











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