FL Judges Struggle to Apply High Court Ruling on Juvenile Sentencing


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, says the Miami Herald. 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 after Miller — 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.

Read more here: http://www.miamiherald.com/2012/11/12/3094364/state-courts-struggle-with-supreme.html#storylink=cpy

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