12-10-2015, 01:52 PM
(continued)
Sentencing Possibilities:
Defendants who are found not guilty by reason of insanity are evaluated at a facility for 40 days and subject to possible commitment. He would likely spend years in a mental correctional facility, with the medical professionals having a lot to say on when/if he would be released.
If found guilty, Chism could be sentenced to life without parole or a lesser term. He's too young for death penalty eligibility. But, due to his age, the prosecutors would have to make a compelling case to lock him up for life. In 2012’s Miller v. Alabama, the U.S. Supreme Court decided that it violated the Eighth Amendment’s protection from cruel and unusual punishment to automatically sentence someone to life in prison without possibility of parole for a crime committed before the 18th birthday.
The court needs to have an individual sentencing hearing that takes into account specific factors like the juvenile’s youth, their family situation and educational history, and their prospects for reform or change in the future because the court recognized that juveniles are still changing and still developing. A court can assign the sentence of life without parole, but they have to consider other sentences first.
I hope this kid gets locked up for life, he's a dangerous predator and attacked female facility workers after he was incarcerated.
Refs:
https://www.bostonglobe.com/metro/2015/1...story.html
https://www.bostonglobe.com/metro/2015/1...story.html
Sentencing Possibilities:
Defendants who are found not guilty by reason of insanity are evaluated at a facility for 40 days and subject to possible commitment. He would likely spend years in a mental correctional facility, with the medical professionals having a lot to say on when/if he would be released.
If found guilty, Chism could be sentenced to life without parole or a lesser term. He's too young for death penalty eligibility. But, due to his age, the prosecutors would have to make a compelling case to lock him up for life. In 2012’s Miller v. Alabama, the U.S. Supreme Court decided that it violated the Eighth Amendment’s protection from cruel and unusual punishment to automatically sentence someone to life in prison without possibility of parole for a crime committed before the 18th birthday.
The court needs to have an individual sentencing hearing that takes into account specific factors like the juvenile’s youth, their family situation and educational history, and their prospects for reform or change in the future because the court recognized that juveniles are still changing and still developing. A court can assign the sentence of life without parole, but they have to consider other sentences first.
I hope this kid gets locked up for life, he's a dangerous predator and attacked female facility workers after he was incarcerated.
Refs:
https://www.bostonglobe.com/metro/2015/1...story.html
https://www.bostonglobe.com/metro/2015/1...story.html