Michigan Supreme Court Strikes Down Excessive Sentences for Youth

Sentencing a youthful offender convicted of second-degree murder to 50 to 75 years in prison is "cruel or unusual punishment" that violates Michigan's Constitution, the state's highest court ruled last month.

The July 30 decision comes in the case of James Eads, who was sentenced as an adult to 50 to 75 years in prison for a second-degree murder committed in 1992, when he was 16 years old.

The advisory judicial sentencing guidelines in effect at the time recommended a minimum sentence between 12 and 25 years or a life sentence with eligibility for parole after 10 or 15 years.

But Wayne County prosecutors pushed for an extreme sentence of 60 to 120 years, and the judge imposed 50 to 75 years-roughly three times the minimum guidelines sentence.

This 50-year minimum sentence, the court emphasized, creates a "good possibility that a youthful offender will not live long enough to even be eligible for parole."

Michigan's Response to Miller

In 2012, the U.S. Supreme Court in Miller v. Alabama struck down mandatory life-without-parole sentences for children under 18, holding that life imprisonment without parole is an unconstitutionally excessive sentence for children whose crimes reflect "transient immaturity."

The Court in 2016 reiterated that life without parole "is a disproportionate sentence for all but the rarest of children" and must be reserved only for those "whose crimes reflect irreparable corruption."

In response, Michigan eliminated mandatory life-without-parole sentences for children. Lawmakers created a rebuttable presumption against life-without-parole sentences for juveniles in Michigan and made a term of years-with a minimum between 25 and 40 years and maximum of at least 60 years-the default sentence for a child convicted of first-degree murder.

The Michigan Supreme Court in People v. Stovall went on to strike down life with parole sentences for juveniles convicted of second-degree murder, finding the sentence was more severe than the default sentence for the more serious crime of first-degree murder.

Stovall left open the question in this case: whether a lengthy term-of-years sentence imposed on a child convicted of second-degree murder violates the Michigan Constitution (which provides "greater protection for youthful offenders" than the Eighth Amendment).

Applying Stovall's reasoning, the court compared Mr. Eads's sentence with the sentence for youth convicted of first-degree murder.

Most juveniles sentenced for first-degree murder are eligible for parole after no more than 40 years, the court noted. But Mr. Eads's minimum 50-year sentence means he would have to serve decades longer before first becoming eligible for parole. Considering his reduced life expectancy in prison, the court wrote, he might not live long enough to even be considered for parole.

And looking at maximum sentences, the court pointed out that the statutory maximum for juveniles convicted of first-degree murder before Miller is 60 years. But Mr. Eads would have to serve 75 years before release.

The court held that Mr. Eads's sentence "is similarly grossly disproportionate" because, like a parolable life sentence, it is harsher than the sentence for first-degree murder.

The court found it "unnecessary to definitively draw a line in this case as to what we consider to be a de facto life sentence," but observed that many courts across the country have found that 50 years without parole eligibility is a de facto life sentence for constitutional purposes.

"This sentence is out of step with national trends regarding youth sentencing and with the types of sentences other jurisdictions typically impose on anyone convicted of second-degree murder, and it does not meaningfully advance the penological goal of rehabilitation," the court held.

Children Are Different

Following the same logic as in Stovall, the court held that its decision is retroactively applicable to cases on collateral review.

"This ruling opens the door for other Michiganders who, as youth, received lengthy term-of-years sentences for second-degree murder to seek resentencing," the Campaign for the Fair Sentencing of Youth said in a statement, adding that Michigan is one of "a growing number of states whose courts have recognized that decades-long sentences can amount to unconstitutional sentences when imposed on youth."

The Detroit Free Press reported that it is unclear how many people will now be eligible for resentencing.

Advocates hailed the decision and applauded the Michigan Supreme Court for continuing to recognize how children are different from adults for purposes of sentencing.