Thursday, May 23, 2013

Second Chance For Juveniles Service "LWOP"

English: Leland Yee, Member of the California ...
Leland Yee, Member of the California State Senate from the 8th district (Photo credit: Wikipedia)
The goal of the juvenile court system is rehabilitation; the belief that children are young, not fully developed in thoughts and actions and can still change. With this reasoning in January 2013, Senate Bill 9 became law under Governor Jerry Brown. SB 9 gives a second chance to a minor (someone under the age of 18 at the time of the crime) who has been sentenced to Life Without Parole (“LWOP”), can ask for a second hearing—potentially getting a new sentence, one with the possibility of parole. The inmate may request this hearing only after serving at least 15 years in prison.

This was the third attempt in five years, by Senator Leland Yee to push this bill through. Currently there are 309 inmates in California serving life-without-parole for murders committed when they were under 18 years old.

A judge could reduce a no-parole sentence to “25 years to life,” (therefore the possibility of parole) if the inmate shows remorse and is taking steps toward rehabilitation.

SB 9 comes after the October 2011 Supreme Court ruling that mandatory-life-without-parole sentences for juveniles are unconstitutional. They were deemed “cruel and unusual” punishment by the Supreme Court. Now before a juvenile can be sentenced to life-without-parole, certain factors such as the youth’s background, life circumstances, and the nature of the crime must be considered.

Contact The Law Offices of Katie Walsh at (714) 619-9355 to discuss your child’s case.
Enhanced by Zemanta

No comments:

Post a Comment