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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forums57 Years in a Cage Is Long Enough. It's time Henry Montgomery came home.
https://www.theatlantic.com/ideas/archive/2021/11/henry-montgomery-juvenile-life-without-parole/620677/The United States is the only country in the world that sentences children to life without the possibility of parole. One of those children was a boy named Henry Montgomery. In 1963, Montgomery was 17 years old, and was convicted of shooting and killing a plainclothes police officer in East Baton Rouge, Louisiana. He was initially sentenced to death, but the Louisiana Supreme Court decided that racial tensions, including Ku Klux Klan activity in the area, had influenced the jurys decision. Instead, the court resentenced him to life in prison. There is hope, however, that soon hell be coming home.
Montgomery is now a long way removed from the teenager he once was. He is 75 years old. He has been in prison at the Louisiana State Penitentiary, also known as Angola, for 57 years.
(snip)
Today, according to the Sentencing Project, a research and advocacy organization that works to reduce incarceration in the U.S., more than 53,000 people are serving life-without-parole sentences. The state of Louisiana, where 70 percent of people serving life sentences are Black, has more people serving life sentences per capita than any other state in the country. Until recently that number included thousands of children, but two relatively recent Supreme Court cases, one of which had Henry Montgomery at its center, changed that. More than 50 years after his original sentence, Montgomery became the petitioner in a 2016 case, Montgomery v. Louisiana, in which the Court ruled that its 2012 decision, Miller v. Alabamawhich banned mandatory life without parole for childrencould be applied retroactively. The Miller decision was based on research demonstrating that childrens brains are not as fully developed as adults. This seems obvious and intuitive, but new neuroscientific evidence made clear that children who commit crimes cannot be held culpable to the same extent as adults, and that they have even more of an opportunity to change.
But simply because someone has had the opportunity to be resentenced doesnt mean that they will be released. Miller banned juvenile life without parole as a mandatory sentence, but did not ban it outright. So although 800 people who had been previously sentenced to life without the possibility of parole have been released since the Montgomery ruling, more than 1,700 people sentenced as juveniles to life without parole across the country still remain behind bars. And despite the Supreme Courts assertion that he is an example of one kind of evidence that prisoners might use to demonstrate rehabilitation, the petitioner of the case, Henry Montgomery, has remained in prison as well.
Montgomery is now a long way removed from the teenager he once was. He is 75 years old. He has been in prison at the Louisiana State Penitentiary, also known as Angola, for 57 years.
(snip)
Today, according to the Sentencing Project, a research and advocacy organization that works to reduce incarceration in the U.S., more than 53,000 people are serving life-without-parole sentences. The state of Louisiana, where 70 percent of people serving life sentences are Black, has more people serving life sentences per capita than any other state in the country. Until recently that number included thousands of children, but two relatively recent Supreme Court cases, one of which had Henry Montgomery at its center, changed that. More than 50 years after his original sentence, Montgomery became the petitioner in a 2016 case, Montgomery v. Louisiana, in which the Court ruled that its 2012 decision, Miller v. Alabamawhich banned mandatory life without parole for childrencould be applied retroactively. The Miller decision was based on research demonstrating that childrens brains are not as fully developed as adults. This seems obvious and intuitive, but new neuroscientific evidence made clear that children who commit crimes cannot be held culpable to the same extent as adults, and that they have even more of an opportunity to change.
But simply because someone has had the opportunity to be resentenced doesnt mean that they will be released. Miller banned juvenile life without parole as a mandatory sentence, but did not ban it outright. So although 800 people who had been previously sentenced to life without the possibility of parole have been released since the Montgomery ruling, more than 1,700 people sentenced as juveniles to life without parole across the country still remain behind bars. And despite the Supreme Courts assertion that he is an example of one kind of evidence that prisoners might use to demonstrate rehabilitation, the petitioner of the case, Henry Montgomery, has remained in prison as well.
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57 Years in a Cage Is Long Enough. It's time Henry Montgomery came home. (Original Post)
WhiskeyGrinder
Nov 2021
OP
I cannot imagine the head trip it would be to get out of prison after being there 57 years.
flying_wahini
Nov 2021
#1
flying_wahini
(6,659 posts)1. I cannot imagine the head trip it would be to get out of prison after being there 57 years.
WhiskeyGrinder
(22,448 posts)2. I can't imagine the head trip it takes to believe this is justice.
RicROC
(1,204 posts)3. The US should have maximum sentences of 20 years or less, as in Finland
Maybe even 10 years for non-violent crimes.
In the case of murder, maybe something else should be considered. If the max sentence is 20 years. at the end of 20 years there must be a review by the parole board with their recommendation of further incarceration. But it would not be an automatic lengthening of the sentence.