New report: Racial inequity, other flaws contribute to Michigan's many juveniles lifers

By John Barnes, MLive, May 16, 2012

A new report released today claims Michigan’s justice system is riddled with disparities in the way it treats teen offenders facing the state’s severest punishment, life in prison without parole.

Lawyers representing the minors are more likely to have checkered records and prosecutors are less likely to consider reducing charges if the victim was white, according to the report.

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“In fact, young people in Michigan are more likely to receive longer sentences than adults for comparable offenses,” said the report, a joint effort of the Michigan-based Second Chances 4 Youth and the ACLU of Michigan.

States Have Second Thoughts About Juveniles in Adult Court

By Maggie Clark, Stateline, June 17, 2012

In 1993, in what was called Denver’s “summer of violence,” high-profile gang warfare attributed to youth “super-predators” seemed to overtake the city. Drive-by shootings were a common occurrence. Then-Governor Roy Romer called a special session of the Colorado legislature and rolled out his “iron fist” plan to address the violence, which included giving prosecutors the full authority to transfer youths under 18 directly into adult court.

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Finding redemption after 18 years

By Richard Haws, Des Moines Register, June 8, 2012

Any state that’s suffered through the most brutal murder spree in its history wouldn’t be expected to show compassion for any of the crime’s perpetrators, but that’s what Nebraska did. It’s relevant to today because the U.S. Supreme Court this summer will be addressing the same question that Nebraska faced — whether juvenile murderers should die in prison from a state-imposed death sentence.

Many Iowans will remember the Nebraska horror.

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Michigan Finally Eyeing Changes To Lawyers For Poor

By Carrie Johnson, National Public Radio, June 14, 2012

Lawyers on all sides agree the system enshrined nearly 50 years ago that gives all defendants the right to a lawyer is not working. The Justice Department calls it a crisis — such a big problem that it’s been doling out grants to improve how its adversaries perform in criminal cases.

Consider Michigan: Five times since the 1980s, independent groups have called on Michigan to change the way it pays lawyers for the poor. Each time, state officials have done nothing. And a 2008 study by a legal nonprofit association said the state’s indigent defense system had reached a “constitutional crisis.”

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Life Without Parole at Issue

By Rhonda Cook, The Atlanta Journal-Constitution, June 18, 2012

The U.S. Supreme Court has already said — twice — that teenage criminals are not the same as their adult counterparts.

Now the high court is expected to rule, perhaps today, whether it is constitutional to sentence teenage killers to life without parole, considering that teenagers’ brains are not yet fully developed.

Life without parole is a punishment Georgia and 38 other states have imposed on 2,700 juvenile killers, and the court ruling could impact the punishment of Jonathan Bun, who was 17 when he murdered Clayton County sheriff’s Deputy Rick Daly last July.

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Flakes seeks forgiveness, redemption, to mentor at-risk youth

By Bill Vogrin, The Gazette,  June 9, 2012

This is a story of a troubled teen seeking redemption as an adult and struggling to redefine himself in the minds of strangers who consider him a monster.

It’s the story of a contrite man seeking forgiveness for a crime that shocked the community.

Of a man trying to prove people can change.

It’s the story of Gary Flakes.

That’s Flakes as in “Grant and Flakes,” two local teenagers who went to prison for the shotgun slayings of 13-year-old Andy Westbay and 15-year-old Scott Hawrysiak on Valentine’s Day 1997.

Read more: http://www.gazette.com/articles/redemption-139206-mentor-youth.html#ixzz1yHBbq7Fd

Editorial: Repeal Michigan's cruel juvenile lifer law

Editorial, Detroit Free Press

Michigan remains one of the few spots on the planet where kids too young to legally drive or smoke cigarettes can receive a mandatory life sentence in prison — the maximum adult penalty.

That fact should shame every citizen of this great state, just as it has drawn fire from human rights groups nationwide. If Gov. Rick Snyder wants to reinvent Michigan from top to bottom, he can start by supporting the repeal of Michigan’s barbaric juvenile lifer law.

Michigan state prisons hold 350 juvenile lifers — inmates who were given mandatory life sentences for crimes committed when they were as young as 14. Many of them have already served decades in adult prisons, where they each cost taxpayers $35,000 a year.

Repealing the law, enacted in the 1980s, would not, in itself, release a single one of them; repeal would simply give each inmate sentenced under the law an opportunity to seek parole after serving a minimum sentence — probably 10 or 15 years, depending on how legislators wrote the new law. But the Michigan State Parole Board would still be able to deny any juvenile parole if parole board members believed the prisoner remained a risk to society.

To read the entire editorial, click here.

Throwaway People: Will Teens Sent to Die in Prison Get a Second Chance?

By Liliana Segura, The Nation

On August 29, 1976, around 1:40 am, a fire erupted at 1138 Spruce Street in Chester, Pennsylvania. The building, in a row of two-family homes just south of the Delaware Expressway, burned for two hours, killing two boys: 13-year-old Brian Harvey and his 6-year-old brother, Derrick.

The youngest of twelve kids, Trina was known as a slow child. She had a very low IQ and couldn’t read or write. Kids made fun of her for sucking her fingers. Her mother died when Trina was 9, and her father was a violent alcoholic capable of unthinkable cruelty. (Sworn affidavits describe, in addition to horrific abuse against his wife and kids, how he once beat the family dog to death with a hammer as Trina watched, then made his children clean up its remains.) From the time Trina was young, she was mostly cared for by her siblings: among them, Edith (or Edy), the eldest, who took over her mother’s responsibilities, and twin sisters Lynn and Linda, just a year older than Trina. In and out of homelessness, Trina and the twins slept in cars and abandoned buildings, washing their clothes in police stations and foraging for food wherever they could, including from trash cans.

When she was 11, Trina was sent by her grandmother to Allentown State Hospital for mental treatment; she was discharged at 13 against the advice of her doctor and stopped taking her medication.

Following the fire, prison officials requested she be given a psychiatric evaluation, after which she was deemed unfit for trial and hospitalized. A second evaluation yielded a diagnosis of schizophrenia. But a third assessment, just a few weeks later, deemed her competent to stand trial. Her lawyer did not challenge the decision. Nor did he challenge the prosecutor’s successful push to try Trina as an adult. (He would later be jailed and disbarred.) Trina was tried in March 1977. Trial transcripts have been lost, but it’s clear that she took the stand as the sole witness for the defense. Frances Newsome was the key witness for the prosecution, telling the jury Trina had set the fire as revenge on Sylvia Harvey for forbidding her sons to play with her.

To read the entire article, click here.

Judge delays sentence for Lansing teen Charles Lewis Jr. until age 21

By Brandon Howell, MLive.com

LANSING, MI — Charles Lewis Jr. is headed to juvenile detention, avoiding becoming Michigan’s youngest-ever juvenile lifer.

Ingham Circuit Judge George Economy on Friday handed down a delayed — or blended — sentence, meaning Lewis, 15, will be institutionalized at a juvenile detention center until age 21, when he will reappear before the court either to be freed or sentenced to life without parole.

Lewis was 13 when he and seven older men allegedly kidnapped a woman, with his father later shooting and killing her.
Read the entire article here.

Appeals Court Overturns Local Juvenile Sentence; Says 80 Years Equals Life

NorthEscambia.com

A Florida appeals court Thursday tossed out an 80-year prison sentence for a Cantonment man convicted of committing two armed robberies in Cantonment as a juvenile, saying it violates a U.S Supreme Court ban on life sentences for juveniles in non-murder cases.

A three-judge panel of the 1st District Court of Appeal said the sentence for Antonio Demetrius Floyd, now 31,  is the “functional equivalent of a life sentence without parole.”

Floyd was 17 in 1998 when he committed two counts of armed robbery in Cantonment. He was initially sentenced to life in prison, but after the U.S. Supreme Court decision he was re-sentenced to 40 years on each count, according to Thursday’s ruling. The appeals court said Floyd would be 97 years old if he served the full sentence and ordered that the trial court revise the sentence.

“In this case, common sense dictates that (Floyd’s) 80-year sentence, which … is longer than his life expectancy, is the functional equivalent of a life without parole sentence and will not provide him with a meaningful or realistic opportunity to obtain release,” the court ruled.

Read the entire article here.