Michigan Must Comply with Graham and Miller

by David M. Reutter

A Michigan federal district court ordered Governor Rick Snyder to provide a “fair, meaningful, and realistic” opportunity for parole to all prisoners sentenced to life imprisonment for crimes committed while children. The order follows the court’s January 2013 finding that Michigan’s mandatory sentencing scheme that denies parole to children convicted of certain crimes is unconstitutional.

“Courts have repeatedly made it clear that incarcerating children and throwing away the key is cruel and unusual punishment,” said Deborah LaBelle, the lead attorney in the lawsuit brought by the American Civil Liberties Union. “Today the court demanded that the state of Michigan take action to comply with the Constitution and Supreme Court precedent set almost two years ago. It’s now up to the state to develop a process that is meaningful and fair.”

According to a press release published by the ACLU of Michigan, the court’s order requires Michigan to put in place, by December 31, 2013, a parole process that:

• Creates administrative structure for processing and determining parole eligibility;
• Gives notice to all who have served 10 years of a life sentence that they are eligible for parole;
• Includes a public hearing for each individual who is eligible for parole;
• Requires the Parole Board to issue a decision and an explanation for its decision in each case;
• Prohibits sentencing judges from vetoing the parole decision; and
• Allows parole-eligible youth to access educational or training programs to assist with their rehabilitation and reentry.

The court said that this relief addresses and corrects the Eighth Amendment violations of “life without parole” sentences for prisoners who were children when they committed their crimes, in a manner consistent with the Supreme Court’s rulings in Graham and Miller. The court also previously held its order will apply to all 350 prisoners under such a sentence, not just the six plaintiffs in the lawsuit.

“The Supreme Court has made it clear that mandatory life sentences for children are a violation of the Eighth Amendment, and Judge O’Meara’s ruling enforces the Supreme Court’s decisions,” said Ezekiel Edwards, ACLU Criminal Law Reform Project director. “At the center of this case is the simple reality that children are different from adults and should be treated as such in the eyes of the law. The parole process should undertake a serious and meaningful examination of the factors that weigh heavily on children: their home environment, immaturity and failure to appreciate risks and consequences.”

If the state does not implement a program and process compliant by January 31, 2014 with the court, it may result “in the appointment and empowerment of a Special Master to make and review the process envisioned by the court’s order.

Following the district court’s November 26, 2013 order for the state to come into immediate compliance with Miller, the state filed a notice of appeal to the Sixth Circuit. The court denied the state’s motion to stay its judgment pending resolution of the appeal.

On December 23, 2013, the Court of Appeals found that a stay was warranted, and stayed the district court’s order pending a final determination. See: Hill v. Snyder, U.S.D.C. (E.D. Mich.), Case No: 5:10-cv-14568-CJO-RSW.

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