'Murder victims and their families deserve justice': Calhoun County prosecutor opposes juvenile lifer legislation
Calhoun County Prosecutor David Gilbert is opposed to legislation that would abolish life sentences without parole for juveniles under 19 years of age convicted of first-degree murder.
The proposed bills introduced in the Michigan House and Senate (House Bills 4160-4164 and Senate Bills 119-123) would also make these defendants eligible for parole after 10 years if the homicide is committed before their 19th birthday.
"I as well as the vast majority of the 83 elected county prosecutors (Democrats and Republicans) throughout Michigan are on the record opposing these bills," Gilbert said in a statement. "Michigan already has a workable framework for ensuring juveniles receive fair and just sentences, and existing Michigan law allows a sentence of life without parole for a juvenile in very limited situations."
First-degree murder encompasses situations where the slaying is either deliberate, intentional and premeditated; happens during the act of a felony; or includes the murder of a police or corrections officer performing their duty.
“The United States Supreme Court and the Michigan Supreme Court have ruled that automatically sentencing youth to life without parole is cruel and unusual punishment. Michigan law needs to recognize that juvenile offenders deserve a chance at rehabilitation,” State Sen. Jeff Irwin (D-Ann Arbor) said in a statement. “We shouldn’t turn our backs on juvenile offenders and throw away the key. Instead, we should ensure that Michigan’s juvenile justice system provides a chance for rehabilitation, reintegration, and redemption.”
For adults, the penalty is for first-degree murder is life without the possibility of parole. For juveniles, current law requires the court conduct a sentencing hearing on any defendant convicted of first-degree murder if the homicide occurred prior to their 18th birthday to determine whether they should receive life without parole or a sentence to a term of years.
Life without parole may only be allowed "in the most heinous of cases," Gilbert said.
Under these bills, offenders would be eligible for release after serving 10 years.
"The number of victims doesn't matter, nor does it matter how heinous the crime. If convicted, even the Oxford school shooter could be free in 10 years," Gilbert said. "Murder victims and their families deserve justice. I and other Michigan prosecutors are asking the people of our communities to contact their senators and representatives to voice opposition to these bills, and to keep our communities safe by keeping those who commit the most heinous of crimes locked up."
Contact reporter Greyson Steele at gsteele@battlecreekenquirer.com
This article originally appeared on Battle Creek Enquirer: Calhoun County Prosecutor opposes juvenile lifer legislation
