Crime

Supreme Court Says Prisoners Can Seek Parole Who Were Sentenced to Life as Juveniles

Published

10 years ago

January 28, 2016

David G. Savage, L.A. Times

The Supreme Court opened the door Monday to possible parole for hundreds of aging prisoners across the nation who are serving life terms for homicides committed when they were under age 18.

In a 6-3 decision, the justices said these prisoners can take advantage of an earlier ruling that called it cruel and unusual punishment to send a juvenile criminal to life in prison with no chance for parole.

Since then, California and most other states have given such prisoners a new sentence or provided them with a right to seek parole. But several states, including Michigan, Pennsylvania and Louisiana, have refused to reopen these old cases.

Monday’s decision gave new hope to a 69-year old Louisiana inmate who shot and killed a police officer in Baton Rouge in November 1963, days before President Kennedy was assassinated in Dallas. Henry Montgomery was 17 then and was sentenced to life in prison with no chance for parole.

Justice Anthony M. Kennedy has played the key role in a series of decisions that have restored the principle that young offenders should not be treated the same as hardened adult criminals.

In Monday’s opinion, he said these prisoners do not have an automatic right to go free, but they do have a right to a parole hearing or a new sentence that limits their prison terms.

Henry Montgomery has spent each day of the past 46 years knowing he was condemned to die in prison,” Kennedy said. “Perhaps it can be established that, due to exceptional circumstances, this fate was a just and proportionate punishment for the crime he committed as a 17-year-old boy.”

But “children are constitutionally different from adults in their level of culpability,” and “prisoners like Montgomery must be given the opportunity to show their crime did not reflect irreparable corruption, and if it did not, their hope for some years outside prison walls must be restored.”

His opinion in Montgomery vs. Louisiana was joined by Chief Justice John G. Roberts Jr. and Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan.

Kennedy spoke for the court in 2005 when the justices abolished the death penalty for juvenile murderers, and again in 2010 when life terms for juvenile offenders, except for those convicted of murder, were deemed cruel and unusual punishment.

Four years ago, the court in an Alabama case said that even young offenders convicted of homicide should be rarely, if ever, sentenced to a life term with no chance for parole. But at the time, the court did not say whether its ruling must apply retroactively to old cases, the issue that was resolved Monday.

Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr., who disagreed with the earlier rulings, dissented on Monday.

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Oakland Post: Week of July 1 – 7, 2026

The printed Weekly Edition of the Oakland Post: Week of July 1 – 7, 2026

Published

3 days ago

July 5, 2026

Oakland Post

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NPRC Joins National Grand Jury Proceedings Seeking Accountability, Constitutional Restoration

Organizers state that testimony will explore historical and political developments that they believe have contributed to the expansion of corporate influence over public institutions and governmental decision-making. Participants are expected to discuss concerns regarding constitutional governance, individual liberties, property rights, and the protection of vulnerable populations, including seniors and persons with disabilities.

Published

2 weeks ago

June 26, 2026

Oakland Post

Photo by Billie Powers.

Special to The Post

The National Probate Reform Coalition (NPRC) has joined Toll and Roll and a growing coalition of advocacy organizations, victims, whistleblowers, and citizen groups in support of a nationally broadcast People’s Grand Jury proceeding scheduled for July 1 and July 7.

Organizers describe the event as a public forum designed to examine allegations of government abuse, judicial misconduct, legislative failures, and the erosion of constitutional protections affecting millions of Americans.

The proceedings will feature testimony from victims, families, advocates, and organizations from across the country who contend they have experienced harm through government actions, institutional neglect, and failures of oversight.

According to organizers, the People’s Grand Jury will focus on concerns involving probate courts, guardianships, conservatorships, child welfare systems, property rights, civil liberties, and what participants view as a growing disconnect between government institutions and the constitutional rights of the people they are sworn to serve.

NPRC is participating because many of the issues being examined mirror the concerns raised by advocates, victims, and families who have participated in its monthly town halls. For years, families have reported cases involving exploitation of elders, questionable guardianships, estate depletion, denial of due process, and a lack of meaningful oversight within probate court systems.

“This proceeding gives victims and advocates an opportunity to place their experiences on the public record,” said Tanya Dennis, lead facilitator of NPRC. “For too long, families have struggled to have their voices heard regarding elder abuse, probate exploitation, and government inaction. This forum allows those stories to be shared before a national audience.”

In keeping with principles of transparency and fairness, invitations have been extended to legislators, members of the judiciary, law enforcement representatives, and other public officials who may wish to respond to concerns raised during the proceedings or defend actions taken by their respective institutions.

One of the primary outcomes sought by organizers is public consideration and support for the People’s Remedy and Restoration Act, a proposed legislative framework that advocates believe would strengthen oversight, increase accountability, provide remedies for victims of governmental abuse, and restore constitutional protections.

The proceedings are expected to be broadcast nationally, providing citizens throughout the United States an opportunity to observe testimony, review evidence presented, and participate in an ongoing conversation regarding government accountability and the protection of individual rights.

Advocates hope the hearings will encourage meaningful dialogue, legislative reform, and renewed public engagement in the democratic process.

Individuals, organizations, public officials, and members of the media interested in attending or obtaining access information may contact the organizers at tollandroll2025@gmail.com.

As Americans continue to debate the future of constitutional governance, judicial accountability, and the protection of vulnerable citizens, the July proceedings are expected to serve as a significant forum for public testimony and civic engagement. For more information, go to https://tollandroll.com