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struggle4progress

(118,295 posts)
Tue Jun 26, 2012, 10:39 AM Jun 2012

Supreme Court ruling will affect N.C. teens sentenced to life in prison

By: The associated Press | The Associated Press
Published: June 26, 2012
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RALEIGH --

... The high court voted 5-4 to throw out mandatory life in prison without parole for people who committed murder before they were 18. The sentence, according to the majority opinion, violates the Eighth Amendment's prohibition on "cruel and unusual punishments" ...

North Carolina is one of nearly 30 states that make life without parole the mandatory sentence for some form of murder for young people, according to the ruling. As of May 31, 25 people were in state prisons serving life without parole for first-degree murder for crimes committed before they turned 18, according to the state Division of Adult Correction ...

David Lagos, a senior research and policy associate at the N.C. Sentencing and Policy Advisory Commission, said legislators likely will have to create some post-conviction procedure to allow a jury or judge to determine the appropriate sentence. That sentence could still be life in prison without parole as long as that sentence is no longer mandated by state law. Lawmakers could choose to require a set period of incarceration as an option ...

"That is going to have to be litigated," Lagos said ...

http://www2.journalnow.com/news/2012/jun/26/wsmet01-supreme-court-ruling-will-affect-nc-teens--ar-2384677/

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