Five months ago, the U.S. Supreme Court banned mandatory sentences of life in prison without the possibility of parole for juveniles convicted of murder.
But since the Miller v. Alabama decision, Florida courts have struggled to apply the ruling — and two Miami-Dade cases may help settle key lingering legal questions.
Does the ruling apply to past cases? A Miami appeals court, ruling on a South Miami-Dade killer convicted in 2000, doesn’t think so. That decision, which affects at least 180 cases statewide, is likely bound for higher courts.
When a judge last month gave convicted killer Benito Santiago 60 years in prison — making him the first South Florida juvenile sentenced afterMiller — prosecutors immediately vowed to appeal, saying the sentence was illegal.
The nation’s high court in Miller, and a companion case, struck down laws in 28 states that handed out mandatory life sentences without the possibility of parole for minors convicted of murders. The ruling, while hailed by civil rights activists, doesn’t mean Florida judges can’t still impose a life sentence for murder. But they now must at least consider a defendant’s age.
The opinion follows the high court’s 2010 decision in a Jacksonville case that ruled that sentencing minors to life without the possibility of parole in non-homicide cases constituted “cruel and unusual punishment.” The reasoning: science has shown that youth’s brains are not fully developed, and they are susceptible to impulses and the influences of others. More from David Ovalle here.