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Uneven implementation of the Montgomery v. Louisiana decision across the country makes clear why states and the federal government must ban JLWOP. Whether a person sentenced to JLWOP has a meaningful opportunity for release is almost entirely state dependent. #MontgomeryAt5
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Dramatic variation at the border of Arkansas, Louisiana, Mississippi, and Tennessee illustrates the uneven implementation of Montgomery. If a person serving JLWOP when Montgomery was decided was sentenced in…
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...Arkansas: They have been granted parole eligibility because the state banned JLWOP legislatively following Montgomery. Nearly 50% of individuals sentenced to JLWOP have been released to date.
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...Louisiana: They are likely to receive a parole-eligible sentence at resentencing, but prosecutors initially sought JLWOP again in more than 30% of cases, delaying relief for many. About 25% of the total JLWOP population in Louisiana has been released post-Montgomery.
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...Mississippi: They are more likely to be resentenced to JLWOP than almost anywhere else in the country post-Montgomery. Only about 15% of the total JLWOP population in Mississippi has been released.
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...Tennessee: They currently have no opportunity for relief. Tennessee is a national outlier in refusing any resentencing opportunities for people serving JLWOP post-Montgomery.
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Without bans on JLWOP nationwide, people across the country will be subject to vastly different standards, and hundreds will be denied a meaningful opportunity for release. It’s time for states to end the practice of sentencing children to die in prison.
#MontgomeryAt5
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#MontgomeryAt5
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