On January 25, 2016 the United States Supreme Court decided the case of Montgomery v. Louisiana, holding that Miller v. Alabama’s prohibition on mandatory life without parole for child homicide offenders is retroactive, on state collateral review, to all children serving life without parole prison sentences, regardless of when a child offender’s conviction became final.
The Montgomery ruling provided a huge victory for the 2000-plus child offenders still serving life without parole sentences across the United States, even after Miller had barred such sentences in 2012. For it now requires states to correct the illegal mandatory life without parole sentences given to child offenders and to provide parole eligibility to these child offenders.
To avoid imposing an onerous burden on the States, the court recommended, in Montgomery, that a state may remedy a Miller violation by permitting child homicide offenders to be considered for parole, rather than by resentencing them. As an example of this, the court cited a Wyoming State law that made child homicide offenders [eligible] for parole after 25 years. However, the Pennsylvania legislature need not create a new law to provide parole eligibility for its 550 child offenders currently serving illegal life without parole sentences in state prisons.
To avoid the financial and judicial burden of relitigating the sentences of Pennsylvania’s 550 child lifer prisoners, the Pennsylvania trial courts and District Attorney’s Offices could exercise judicial economy by resentencing the 550 child offenders in mass, to the sentence of the lesser available murder degree of the Title 18, Section 1102, Crime Code, which is a sanction of 20 to 40 years imprisonment. Under Section 1102 the Crime Code for murder, first and second degree murder each carries a life without parole imprisonment sanction. Since Miller prohibits such mandatory life without parole sentences for child offenders, the next available sentence under Section 1102 is the sentence for third degree murder, which imposes a sanction of 20 to 40 years imprisonment.
Therefore, if Pennsylvania’s trial courts and DA’S offices were to sentence its 550 child lifer prisoners to the lesser available murder degree under Section 1102 Crime Code, these child offenders would become parole eligible after serving no less than 20 years imprisonment. From the belly of the beef at Prison Radio, I am Shakaboona. Thank you for listening.
These commentaries are recorded by Noel Hanrahan of Prison Radio.
