Don't U.S. Supreme Court rulings apply to all States?
So why do several States still have life without parole for juveniles, even though back in 2012 the U.S. Supreme Court ruled that life without parole for juveniles is unconstitutional - even when they're tried as adults -?
- davidmi711Lv 73 years agoFavorite Answer
Miller v. Alabama, 567 U.S. 460 (2012), was a United States Supreme Court case in which the Court held that **mandatory** sentences of life without the possibility of parole are unconstitutional for juvenile offenders.
The key is mandatory sentencing. The ruling did not preclude a judge from issuing that sentence, it simply required that a judge have a choice in the matter.
""Mandatory life without parole for a juvenile precludes consideration of his chronological age and its hallmark features – among them, immaturity, impetuosity, and failure to appreciate risks and consequences," Justice Kagan said. "It prevents taking into account the family and home environment that surrounds him – and from which he cannot usually extricate himself – no matter how brutal or dysfunctional.""
- DaroLv 73 years ago
Supreme Court has no authority over the constitution.
Art 3 lists their jurisdiction. All 3 branches were created UNDER the document.
Government schools. Sure have dumbed down a lot of people
- myrrdin emrysLv 73 years ago
yes, they do, BUT....
many states still ban interracial marriages and criminalize homosexual acts.
the fact that those laws have been "struck down" by the high court only means that if you break them and are convicted, you can get your conviction overturned upon appeal with relative ease. (this happens a lot in Georgia, Alabama, & South Carolina. homosexuals are routinely arrested, convicted, and sentenced to fines and imprisonment, only to have their convictions vacated later IF the defendant has pockets deep enough to pay the lawyers and court costs to file a few papers.)
PLEASE NOTE: it is a plank in the Republican Party platform to allow states to disregard federal rulings if two-thirds of a state's legislature votes to IGNORE a particular federal law (one passed by congress and signed by the POTUS) as well as ALL federal court rulings.
that's a BIG reason why i can't bring myself to vote republican except in very limited circumstances.Source(s): once again, davidmi711 has the most accurate and cogent answer.
- Anonymous3 years ago
What the supreme court ruled is that MANDATORY SENTENCING of life without parole in Juvenile murder cases was unconstitutional,. That does not mean life sentences for juvenile murder cases is not unconstitutional,...on a case by case basis
it just means they cannot make in mandatory (required)
- How do you think about the answers? You can sign in to vote the answer.
- Uncle PennybagsLv 73 years ago
For instance, in Heller vs. DC the Supreme Court declared that the 2nd Amendment protected the right to own a gun. Yet that decision didn't apply to the states because it was a decision made in the Federal Enclave that is Washington, DC.
It took a later case, McDonald vs. Chicago, which was virtually a twin of Heller, where the Supreme Court ruled that the 2nd Amendment protects the right to own a gun in States as well.
- Anonymous3 years ago
Okay 5 100 year sentences without a chance of parole until 2120.