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Michigan Supreme Court to decide fate of 350 juvenile lifers


March 6, 2014 | MPRN  Governor Rick Snyder just signed a new law this week to update Michigan’s sentencing policies to reflect that Supreme Court decision. But that doesn’t settle what happens to Matthew Bentley.

“I was 15 years old and being in a rush to be a man. I made a mistake and now 14 years later I’m still in prison, missing out on everything I was in a rush to get.”

That is Bentley from a podcast provided by the American Civil Liberties Union. He shot and killed a woman during a break-in at her home. He says he would take it all back if he could.

“I sometimes think about what could have happened, what could have been different. There’s a possibility I could have went down a different path, had I gotten some better advice, had I been shown a better way, had I actually had a role model.” 

Because of the US Supreme Court decision, juveniles convicted of murder or aiding and abetting in a murder now must have a hearing that takes into account their circumstances – abuse or neglect, how culpable they were in the crime, things like that. The court said the absence of that made automatic life without parole for juveniles cruel and unusual punishment.

Now, the ACLU and three juvenile lifers are suing the state. They say if automatic life without parole is unconstitutional going forward, then that same logic should apply to those earlier 350-plus cases, some of which date back to the early 1960s.

Kimberly Thomas is a law professor with the University of Michigan’s Juvenile Justice Clinic. She says we’ve learned a lot in recent years about shortcomings in how the legal system deals with juveniles. She says teenagers are often poor clients.

“It’s hard to get them to understand the choices that they’re making. Especially when faced with what might be good plea bargains, they just aren’t making good choices.”

Thomas says representing minors is a unique set of skills that most defense attorneys just don’t have. And she says the proof of that is how often juveniles get tougher sentences than adults involved in the same murders, even when the juvenile was only an accessory to the crime.    

The decision in this case before the state Supreme Court will likely turn on a legal nuance.

To win, the juvenile lifers have to show the US Supreme Court decision represents a substantive change in their legal rights. The state, on the other hand, is arguing that it’s not – that this was a procedural decision. It has no bearing on their guilt or innocence, and that means there’s no responsibility to go back and correct their sentences.

But this is not a nuance for another group of people closely following this case.

“We’re the innocent, and we deserve some kind of closure to this…”

Jody Robinson’s brother was murdered by a 16-year-old and a 19-year-old. And she says don’t call that a “mistake.” Robinson gets angry, visibly upset, when she hears that teens are sentenced to –quote- “die” in prison.

“They weren’t sentenced to die – period. They were sentenced to live the rest of their life in prison. They’re living. They’re not dead, and there’s a big difference between the two.”

Robinson says families like hers will never get their loved ones back -- and changing the rules now would deny them the measure of peace that once came with finality in their cases.

For the Michigan Public Radio Network, I’m Rick Pluta in Lansing  
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More Mid-Day Features
Yesterday
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  October 31, 2014  |  WGVU  Democrat Gary Peters has extended his lead over Republican Terri Lynn Land in the race for U.S. Senate. The numbers released by Lansing-based EPIC-MRA in a statewide survey conducted mid-month reveals Peters has extended his lead to 11-points with 45-percent of likely voters giving him the nod to Terri Lynn Land’s 34-percent. That’s a two percent bump for Peters over the September polling data.    
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Three new movies and one anniversary re-release
  October 31, 2014  |  WGVU  Three new movies opening in theaters plus a 10th anniversary horror movie for Halloween. WGVU talks with Ron Van Timmeran from Celebration Cinema.   
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Thursday
Ballot Questions Not The Final Word On Wolf
  October 30, 2014  |  MPRN  Michigan voters will get to weigh in on two laws that allowed wolf hunting in the Upper Peninsula. The Humane Society just started airing ads aimed at persuading voters in the closing days of the campaign season. But whether people vote “yes” or “no” on wolf hunting, the two ballot questions are not the final word on the issue.    
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Wednesday
Manasseh Project addresses local impact of human trafficking
  October 29, 2014  |  WGVU  A recently-passed series of bills addressing human trafficking have received support across the state. WGVU talks to Manasseh Project Coordinator NiKeidra Battle-DeBarge about the legislation – and what these issues look like in West Michigan.   
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MiBiz with Mark Sanchez
  October 29, 2014  |  WGVU  Michigan creating secondary market for crowdfunding investment.   
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Tuesday
Innovation Talk
  October 28, 2014  |  WGVU  The value of 3D printing bringing a concept to life.   
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Friday
Movie Talk
  October 24, 2014  |  WGVU  Four new movies opening this weekend including comedy "St. Vincent" starring Bill Murray and Melissa McCarthy.   
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