The Miami Herald has this story about Florida's resentencing struggles in the post-Florida v. Graham era. While most states are able conform to the Graham ruling by simply commuting juvenile LWOP sentences to life sentences WITH the possibility of parole, Florida abolished its parole system in 1983. This leaves the state in a bind as to how to both follow the law, and make sure society is protected from the worst of the worst offenders under 18.
Florida has at least 100 juveniles who must be resentenced under Graham - the most of any state in the U.S. As of now, individual sentencing judges must decide how to proceed with each case, and defense attorneys are already warning that long prison terms, though not technically violative of the Graham ruling, will defy the "spirit" of the decision and trigger further appeals.
To alleviate the burden on sentencing judges, Florida's association of prosecutors last month suggested that all the relevant LWOP cases be amended to sentences of life with the possibility of parole. After an inmate serves 20 years, the parole commission board (who currently hears only those cases that pre-date the 1983 abolition of parole) would review the case and determine suitability. Another solution, offered by state lawmaker Mike Weinstein, is legislation granting parole bids every seven years to inmates who demonstrate "maturity and reform" while in prison. The article predicts neither proposed solution, or any others that may arise, will be acted on until after the November elections.
Hat tip to HowAppealing for the link.
Florida has at least 100 juveniles who must be resentenced under Graham - the most of any state in the U.S. As of now, individual sentencing judges must decide how to proceed with each case, and defense attorneys are already warning that long prison terms, though not technically violative of the Graham ruling, will defy the "spirit" of the decision and trigger further appeals.
To alleviate the burden on sentencing judges, Florida's association of prosecutors last month suggested that all the relevant LWOP cases be amended to sentences of life with the possibility of parole. After an inmate serves 20 years, the parole commission board (who currently hears only those cases that pre-date the 1983 abolition of parole) would review the case and determine suitability. Another solution, offered by state lawmaker Mike Weinstein, is legislation granting parole bids every seven years to inmates who demonstrate "maturity and reform" while in prison. The article predicts neither proposed solution, or any others that may arise, will be acted on until after the November elections.
Hat tip to HowAppealing for the link.
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