JACKSONVILLE, Fla. – In decisions widely hailed as milestones, the U.S. Supreme Court in 2010 and 2012 acted to curtail the use of mandatory life sentences for juveniles, accepting the argument that children, even those who are convicted of murder, are less culpable than adults and usually deserve a chance at redemption.
But most states have taken half measures, at best, to carry out the rulings, which could affect more than 2,000 current inmates and countless more in years to come, according to many youth advocates and legal experts.
“States are going through the motions of compliance,” said Cara H. Drinan, an associate professor of law at the Catholic University of America, “but in an anemic or hypertechnical way that flouts the spirit of the decisions.”
Lawsuits now before Florida’s highest court are among many across the country that demand more robust changes in juvenile justice. One of the Florida suits accuses the state of skirting the ban on life without parole in nonhomicide cases by meting out sentences so staggering that they amount to the same thing.
Other suits, such as one argued last week before the Illinois Supreme Court, ask for new sentencing hearings, at least, for inmates who received automatic life terms for murder before 2012 – a retroactive application that several states have resisted.
The plaintiff in one of the Florida lawsuits, Shimeek Gridine, was 14 when he and a 12-year-old partner made a clumsy attempt to rob a man in 2009 here in Jacksonville. As the disbelieving victim turned away, Gridine fired a shotgun, pelting the side of the man’s head and shoulder.
The man was not seriously injured, but Shimeek was prosecuted as an adult. He pleaded guilty to attempted murder and robbery, hoping for leniency as a young offender with no record of violence. The judge called his conduct “heinous” and sentenced him to 70 years without parole.
Under Florida law, he cannot be released until he turns 77, at least, several years beyond the life expectancy for a black man his age, noted his public defender, who called the sentence “de facto life without parole” in an appeal to Florida’s high court.
“They sentenced him to death, that’s how I see it,” Shimeek’s grandmother Wonona Graham said.
The Supreme Court decisions built on a 2005 ruling that banned the death penalty for juvenile offenders as cruel and unusual punishment, stating that offenders younger than 18 must be treated differently from adults.
The 2010 decision, Graham v. Florida, forbade sentences of life without parole for juveniles not convicted of murder and said offenders must be offered a “meaningful opportunity for release based on demonstrated maturity and rehabilitation.” The ruling applied to those who had been previously sentenced.
Cases like Shimeek’s aim to show that sentences of 70 years, 90 years or more violate that decision.
In its 2012 decision, Miller v. Alabama, the Supreme Court declared that juveniles convicted of murder may not automatically be given life sentences. Life terms remain a possibility, but judges and juries must tailor the punishment to individual circumstances and consider mitigating factors.
The Supreme Court did not make it clear whether the 2012 ruling applied retroactively, and state courts have been divided, suggesting that this issue, as well as the question of de facto life sentences, may eventually return to the Supreme Court.
Advocates for victims have argued strongly against revisiting pre-2012 murder sentences or holding parole hearings for the convicts, saying it would inflict new suffering on the victims’ families.
Pennsylvania has the most inmates serving automatic life sentences for murders committed when they were juveniles: more than 450, according to the Juvenile Law Center in Philadelphia. In October, the State Supreme Court found that the Miller rule did not apply to these prior murder convictions, creating what the law center, a private advocacy group, called an “appallingly unjust situation.”
Among the handful of states with large numbers of juvenile offenders serving life terms, California is singled out by advocates for acting in the spirit of the Supreme Court rules. The state is allowing juvenile offenders who were condemned to life without parole to seek a resentencing hearing. The state Supreme Court also addressed the issue of de facto life sentences, voiding a 110-year sentence that had been imposed for attempted murder.
Whether they alter past sentences or not, some states have adapted by imposing minimum mandatory terms for juvenile murderers of 25 or 35 years before parole can even be considered – far more flexible than mandatory life, but an approach that some experts say still fails to consider individual circumstances.
As Drinan of Catholic University wrote in a coming article in the Washington University Law Review, largely ignored is the mandate to offer young inmates a chance to “demonstrate growth and maturity,” raising their chances of eventual release.
To give young offenders a real chance to mature and prepare for life outside prison, Drinan said, “states must overhaul juvenile incarceration altogether,” rather than letting them languish for decades in adult prisons.