Textbook: Brody, D., & Acker, J. (2010). Criminal Law (2nd
ed.). Burlington, MA: Jones & Bartlett.
Chapter 6 – Criminal Homocide
(I thought I would attempt to send this tonight instead)
In 1963, Henry Montgomery was found guilty and received the death penalty for the murder of Charles Hunt, which Montgomery committed less than two weeks after he turned 17. He appealed to the Louisiana Supreme Court, and his conviction was overturned because of community prejudice. At his new trial, Montgomery was again convicted, but he was sentenced to life without parole.
In 2012, the U.S. Supreme Court decided Miller v. Alabama, in which the Court held that mandatory sentencing schemes requiring children convicted of homicide to be sentenced to life imprisonment without parole violate the Eighth Amendment. In light of that decision, Montgomery filed a motion in state district court to correct what he argued was now an illegal sentence. The trial court denied Montgomery’s motion, and the Louisiana Supreme Court denied Montgomery’s application by holding that the decision in Miller does not apply retroactively.
1. Give your thoughts on the prosecution and sentencing of minors
2. What are your thoughts on the denial of Montgomery’s application?
Discussion Source Use and APA Format: Expected word count in Initial post is 500 words; for reply posts, 150 words expected. I expect perfect APA technique. The minimum requirement is at least one (1) source used in the initial posting.