Posted on 05/26/2016 5:59:06 PM PDT by NormsRevenge
Ruling in the case of a Richmond teenager serving 50 years to life for a 2011 killing, the California Supreme Court said Thursday that youths serving potential life terms for murder are entitled to parole hearings within 25 years under a new state law.
The court also ruled 6-1 that the teenager, Tyris Franklin, should have another hearing before his trial judge in Contra Costa County to allow witnesses to describe his mental state, lack of maturity and other factors that might have contributed to the crime. That evidence wasnt allowed at Franklins sentencing hearing, because the 50-to-life term was required by law, but it could be important for the future parole board that considers his case, the court said.
The ruling set new procedures in California for juveniles tried as adults and sentenced to lengthy terms. The opinion by Justice Goodwin Liu, and the state law on which it relied, followed a U.S. Supreme Court decision in 2012 barring mandatory life-without-parole sentences for juveniles, and a California Supreme Court decision later that year striking down a youths sentence of 110 years to life as the equivalent of life without parole. Those rulings said the laws most severe penalties should not always be applied to youths, even for serious crimes, because of their relative lack of mental and emotional development and potential for rehabilitation.
(Excerpt) Read more at sfgate.com ...
The really fair thing would have been the death penalty.
relative lack of mental and emotional development
that describes a lot of the prison population. In fact, it describes....I’ll stop before I say something considered racist.
“lack of maturity and other factors”
Potential get-out-of-jail-for-free card for thugs.
When does the victim get his/her death sentence reduced?
most severe penalties should not always be applied to youths, even for serious crimes, because of their relative lack of mental and emotional development
Wait. Not responsible enough to be held accountable to the max for committing heinous crimes but as a juvenile they have mental and emotional development enough to decide they are homosexual or transgender or to have an abortion without a parents consent? Liberals having it both ways!!!
Why not?!
Do they want to let them out so they could murder many more people ?
This argument should be moot. Murderers should be executed.
Exactly.
But since they wont do that, and many places do not allow,it, it has to be discussed.
They won’t allow this either. We should emphasize what we want not argue in their ball park.
A 15 year old who deliberate murders is not going to magically change at 18.
Manslaughter, though, I might agree with a new review.
Liberals are saying kids this age can decide to have an abortion and have sex changes that can’t really be reversed - but murder an adult, get another chance.
Can the courts also “un-kill” the victims?
Actions with permanent results should have the potential for permanent punishments. That may have been phrased inarticulately but I think you guys get the point.
Of which he has to pass, 25 years from now
It could be done for under $100 with a paid-by-the-job, traveling executioner, using a 230gr HP .45cal ACP for about 46¢/round. Clean out and refill the many Death Rows, monthly.
The 6th Commandment actually says: "Thou Shalt Not Murder". It does NOT say, "Thou Shalt Not Kill." I personally don't consider any summary-execution — except by subhuman, murderous muslim/islamic pigshit — as murder, in any way, shape or form. It's "Due-Justice-For-Crimes-On-This-Earth", IMO.
The Death Penalty is The Foundation of Government.
Yes, I agree with the premise of this article, that "the death penalty is a Noahic Covenant with God, in a post-flood world", and America should apply it every-damned-day, to those deserving death for their crimes against society and its innocents.
premeditated murder - send them to the Big Judge....
manslaughter..... different can of sardines...
The problem, of course, is that most heinous young offenders are that much WORSE than the general pop criminals. Some of the early adolescent offenders are chilling at a spiritual level. It is as though there is nothing within them but a void.
“You mean if you if murder at 15, you get a free pass at 40?”
18, in many states. If you encounter the phrase ‘juvenile life’, it means full release regardless of the offense at age 18 or 21.
In California we have a few hundred inmates on death row at about 75,000 each per year. That number is a few years old. Then they stay for decades.
We could set up a three judge abel. Hire attorneys and assistants and speed up the process. No one should get more that 3 years on appeal. Expedite everything and only leave the USSC, which should butt out except for the most serious rights issues. No two bites up and down the system, unless clear evidence emerges which wasn’t previously considered. If we got 200 off death row, we would more than pay for the people to run the system.
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