Batesville Herald Tribune, Batesville, Indiana

Community News Network

December 30, 2013

Teen killers could get parole under Mass. high court ruling

(Continued)

SALEM, Mass. —

It’s a ruling that goes beyond the United States Supreme Court’s holding in Miller vs. Alabama, said Blodgett, who was recently elected to serve as head of the Massachusetts District Attorneys Association.

The Miller decision, like the SJC ruling, pointed to recent research showing that the brains of teenagers are still developing, and concluded that it is a violation of the Eighth Amendment’s ban on cruel and unusual punishment to summarily sentence someone to life without parole under those circumstances.

But the Massachusetts court went further, said Blodgett. While the federal ruling required only that juvenile killers get a hearing on the issue of whether they can be rehabilitated, the SJC decision does not require such a proceeding.

Blodgett notes that prior to a change in the law that allowed teens age 14 and over to be tried as adults in murder cases, all of the convicted killers were given “transfer hearings,” where the issue of whether they were suitable candidates for rehabilitation was evaluated by a judge based on testimony from doctors and others.

Blodgett said that though he and other prosecutors agree that teen brains are different from those of adults, that distinction is already factored into decisions on whether to charge a teenager with first-degree murder.

“We’ve always understood that,” said Blodgett. “That’s why district attorneys have robust juvenile and young adult offender diversion programs, to give recognition to the fact that juveniles sometimes make mistakes.

“There are some crimes that are so abhorrent and so heinous a juvenile should be sentenced to life without parole,” said Blodgett. “We don’t charge first-degree murder unless the facts are so heinous and horrible that it warrants a first-degree charge.”

The cases he and his prosecutors will have to reopen and prepare for arguments to the Parole Board — hearings Blodgett has been told will happen “sooner rather than later” — involve crimes that were planned, and involved stalking, atrocity or the infliction of pain.

Text Only
Community News Network
Featured Ads
AP Video
Gaza Residents Mourn Dead Amid Airstrikes Raw: Deadly Tornado Hits Virginia Campground Ohio State Marching Band Chief Fired After Probe Raw: Big Rig Stuck in Illinois Swamp Cumberbatch Brings 'Penguins' to Comic-Con Raw: Air Algerie Crash Site in Mali Power to Be Restored After Wash. Wildfire Crashed Air Algerie Plane Found in Mali Israel Mulls Ceasefire Amid Gaza Offensive In Case of Fire, Oxygen Masks for Pets Mobile App Gives Tour of Battle of Atlanta Sites Anti-violence Advocate Killed, but Not Silenced. Dempsey: Putin May Light Fire and Lose Control Arizona Prison Chief: Execution Wasn't Botched Calif. Police Investigate Peacock Shooting Death Raw: Protesters, Soldiers Clash in West Bank Police: Doctor Who Shot Gunman 'Saved Lives' 'Modern Family' Star on Gay Athletes Coming Out MN Twins Debut Beer Vending Machine DA: Pa. Doctor Fired Back at Hospital Gunman
Seasonal Content
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
Facebook