Michigan’s Supreme Court considers further reducing life sentences without parole

The Michigan Supreme Court said it would consider cases that could ban automatic life sentences for people who were 19 or 20 years old when they committed a serious crime such as murder.

The court took a significant step in 2022 when it declared that mandatory prison sentences without parole for 18-year-olds convicted of murder violated the Michigan Constitution’s ban on “cruel or unusual” punishments.

The court will now consider whether this principle should be extended to persons aged 19 or 20.

In an order Friday, the Supreme Court said it will hear arguments in cases from Wayne and Oakland counties in the coming months.

In Michigan, life sentences without parole are still possible for people under 18, but they are no longer automatic. Judges must conduct hearings and learn about the person’s childhood, education, rehabilitation opportunities and other factors. The burden of proof is on prosecutors, who must show, if they so choose, that a life sentence is appropriate.

Critics of life sentences for young people argue that their brains are not yet fully developed, which sometimes leads to tragic decisions.

Riya Saha Shah is executive director of the Juvenile Law Center, a nonprofit organization that opposes life sentences without parole for juveniles.

“There are things that happen in the moment that affect a person’s ability to act rationally and thoughtfully and consider the consequences of their actions,” she said. “When you’re choosing, your brain works very differently than when you’re in an emotionally charged situation. Or when you’re around older peers who influence your decision, your brain reacts differently.”

Numerous states across the country have abolished life sentences without parole for minors, particularly following a series of U.S. Supreme Court decisions since 2012. Massachusetts’ highest court in January raised the minimum age for an automatic life sentence from 18 to 21.

The Michigan Supreme Court will hear the cases in the fall semester. A spokesman said no oral argument date has been set, but the cases will be scheduled in the same session.