Trish Mehaffey, CR Gazette –
CEDAR RAPIDS — The 39 people in Iowa prisons, who were convicted as juveniles and are serving life sentence, can now argue parole following a Supreme Court ruling on Monday.
In Iowa, anybody can argue for a different sentence at any time, Assistant Attorney General Kevin Cmelik said Tuesday. The next issue is what is the appropriate sentence for the convicted juveniles?
That will be an argument taken up before the Iowa Supreme Court.
Of the 39 offenders, 30 were convicted of first-degree murder, four of first-degree kidnapping and one of first-degree sexual abuse, according to the Iowa Department of Corrections. There are 35 men and four women, and the offenders ranged in age from 14 to 17 when they committed the offense.
Cmelik said the Attorney General’s Office will advise the state legislators at the next session about the high court’s ruling and how it affects the state constitution and they will decide how to proceed regarding future sentencing for juveniles.
Juveniles who are convicted as adults in Iowa of first-degree murder, first-degree kidnapping and first-degree sexual abuse are sentenced to life in prison without parole, according to current Iowa law.
The Supreme Court justices reached a 5-4 decision. The two cases at issue involved a 14-year-old in Arkansas whose plan to rob a video store ended in murder and another 14-year-old in Alabama who, along with another youth, beat a neighbor and set fire to his trailer, resulting in his death.
Drake Law School professor Robert Rigg said the ruling reinforced the notion that juveniles are different and that state law can’t automatically impose life sentences for juveniles. A 2010 decision by the top court had previously ruled juveniles couldn’t be sentenced to life without parole for non-homicide offenses.
“Iowa will have to rethink its sentencing mandates and make adjustments according to age,” Rigg said.
University Iowa Law School professor Emily Hughes said the justices recognize that juveniles are still evolving and not fully mature, and they “aren’t willing to give up hope that a juvenile can be rehabilitated.”
Hughes, a former Johnson County assistant public defender, said this ruling doesn’t completely end life terms for juveniles convicted of murder. It says a judge must consider the defendant’s age and circumstances before sentencing to life without parole.
After the 2010 decision, there were six offenders, three 16-year-olds and three 17-year-olds, who were convicted of first-degree rape and were resentenced to life with parole, according to the Iowa Department of Corrections.
Justice Elena Kagan, in the ruling said life without parole “precludes consideration of his chronological age and its hallmark features – among them, immaturity, impetuosity and failure to appreciate risks and consequences.
8 thoughts on “Iowa’s 39 juvenile offenders serving life can argue for parole”
Also now their family can think about going through a resentencing hearing process where they can relive the whole evil awful thing that happened to their precious daughter but we want to make sure we are fair don’t we? Fair to whom?
Did you read about the quad cities Mom who was watching the supreme court case closely as her 10 yr old daughter, I repeat 10 years old, was kidnaped, raped and murdered by a 15 yr old who dug her grave 3 days before he killed her? This guy now could be considered for resentencing?
What are the chances of him being rehabilitated? Or was he just too young to know better? What a freak.
I think this once I must agree with most of what Peter is saying. Although, I do not think the Feds have any business dictating to the states how they are going to handle their internal business and crimes. To much government intervention is always bad.
It’s easy for anyone to say, myself included; they deserve a second chance when it was a CRIME they committed when they were underage.
If it were your family member that was the victim, would you still feel the same way? LVS? Peter?
Imagine your 6 year old daughter raped by a 15 or 16 yr old male. That child Peter, would be scarred for life no matter what you or I think. So this man, now 40 years later should be paroled? Because he did his time? Paid his price to society? BS! You know damn well at 12 or 14 or 16 what rape is and you also know it’s a serious crime. I don’t buy the kool aid of poor little Joey was just a juvenile then.
What father or mother out there would be okay with a parole after that?
Strongly Disagree with you Peter.
The first degree sexual abuse that is mentioned. Basically rape. A rapist should be paroled? Was it a 5 yr old or younger child that was sexually abused? Article doesn’t say. You would be fine with someone paraloed that say raped one of your family memebers?
How about the kidnapping crimes? 4 of those mentioned. No parent that I know of would EVER want a kidnapper or rapist paroled.
The Supreme Court is off balance on this one. This is a state issue. Each state should have the right to pass sentence, not have US Court act for all states. That’s one major problem in this country now, to much Fedral GOV control.
The reason they were sentenced to LIFE without paraole in the first place is because the crime they committed was as heniuous and disgusting as you can have.
The Supreme Court is
out of line on this one. To much Fed GOV control these days.
I wouldn’t call 30-50 years behind bars a slap on the wrist. My point is that LIfe in Prison without parole should be reserved exclusively for crimes that resulted in death to someone. Death is irreversible. Kidnapping is terribly traumatic and scarring to the mind and body, but it is not death. You can recover. You can become stronger. Someone who is 14 years young, that committed something terrible like rape or kidnapping should serve multiple decades in prison, but should-depending on their attitude and behavior in prison, be eligible to see the light of day at some point. The victim survived the attack, and after ample time, so should the perpetrator.
When will you be going back to “your world”?