Clemency power

Le Mie Parole...
Le Mie Parole… (Photo credit: Jody Art)

http://sentencing.typepad.com/sentencing_law_and_policy/2012/07/iowa-gov-uses-clemency-power-to-devise-astute-sinister-response-to-miller-for-juve-lwopers.html (read here whole article) 

July 16, 2012

Iowa Gov uses clemency power to devise (astute? sinister?) response to Miller for juve LWOPers

A helpful reader from Iowa alerted me to this notable story from the Hawkeye State, headlined “Branstad commutes life sentences for 38 Iowa juvenile murderers.”  Here are the interesting details of how one state’s governor is taking the lead in responding to last month’s SCOTUS ruling in Miller:

Gov. Terry Branstad commuted the life sentences of 38 juveniles Monday, giving them mandatory 60-year prison terms instead. The governor’s action comes in response to last month’s U.S. Supreme Court ruling in Miller v. Alabama, in which the court ruled that states could not require life sentences without the possibility of parole for juveniles found guilty of first-degree murder.

The ruling raised the possibility that anyone sentenced to life without parole before they were 18 could petition the court for a new trial. By using his commutation powers, the governor appears to have taken that option off the table.

“During this process, the victims are all too often forgotten by our justice system and are forced to relive the pain of the tragedies,” Branstad said. “These victims have had their loved ones violently taken away from them. I take this action today to protect these victims, their loved ones’ memories and to protect the safety of all Iowans.”…

In compliance with the Supreme Court decision, Branstad commuted the life without parole sentences to life with the possibility of parole only after 60 years for the 38 people, who were convicted of first-degree murder while juveniles. This action means that they will not have the possibility of parole until they have served 60 years. …

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