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Criminal Law

: Sentencing Law and Policy

NY Times editorial on Miller puts Gideon cart before the Teague horse

By Douglas A. Berman

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I continue to be intrigued that so many commentators seem so quick to assume that all the juvenile murderers sentenced to mandatory LWOP long ago will be sure to get resentenced as a result of the Supreme Court's Miller ruling.  A high-profile example of commentary that appears to make this (harmful?) assumption comes from this New York Times editorial, which is headlined "A Moral Right to Counsel."   Here is the editorial in full, with commentary to follow: About 2,000 juvenile offenders serving life sentences without parole can now seek new sentencing hearings to challenge their punishment.  The Supreme Court ruled last week that it is unconstitutional to impose such a sentence on a juvenile convicted of murder without an individualized finding that considers the defendant?s characteristics and the details of the crime...continue to full post

Full post as published by Sentencing Law and Policy on July 05, 2012 (boomark / email).

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