Michigan Supreme Court Rules LWOP Unconstitutional for 19-20 Year Olds

Last Thursday, the Michigan Supreme Court made an significant  change to the state’s sentencing law, striking down automatic, no-parole prison terms for 19-year-olds and 20-year-olds convicted of murder. As a result, hundreds of people will be eligible to return to local courts to ask for a shorter sentence and an opportunity for freedom.

The Supreme Court, in a 5-2 opinion, said mandatory life sentences for people who were 19 and 20 at the time of the crime violate a ban against “cruel or unusual punishment” in the Michigan Constitution. The court made a similar decision for 18-year-olds in 2022. A life sentence in Michigan still can be possible for someone 19 or 20, though it will be rare. The burden will be on prosecutors to show that someone convicted of murder should never get a chance at parole. Judges will hear evidence about family life, mental health, education and other factors, the same process followed for people 18 or under.

A mandatory life sentence “that does not allow for consideration of the mitigating factors of youth or the potential for rehabilitation is a grossly disproportionate punishment,” Justice Elizabeth Welch wrote. Welch also said the court’s decision was rooted in scientific research about brain development and a young person’s ability to fully grasp the consequences of their actions. “As late adolescents mature into fully developed adults, they become less prone to reckless decision-making, more likely to consider and appreciate consequences, and less susceptible to peer pressure,” Welch said.

Michigan was among only 16 U.S. states that impose mandatory life terms on anyone convicted of first-degree murder who was over 18, according to the MacArthur Justice Center. Since 2021, courts or lawmakers in Washington state, Illinois and Massachusetts have prohibited life sentences for people under 21 or made parole opportunities available.

Read more about the Michigan State Supreme Court's decision in "Another State Restricts Life Sentences for Young Adults" from Bolts Magazine. Bolts Magazine covers the nuts and bolts of power and political change, from the local up. We report on the local elections and obscure institutions that greatly shape public policies but are overlooked in the U.S., and the grassroots movements that surround them.