The fairness of lifetime imprisonment for juveniles who’ve committed murder has roiled the judicial system for years.
And while there have been court challenges and legislative action, the issue is not entirely settled.
We supported a change in state law in 2006 to ensure that juveniles convicted of murder are eligible for parole after 40 years in prison.
In 2012, however, the U.S. Supreme Court ruled that life without parole for juveniles is unconstitutional if sentencing rules remove discretion from judges and juries. That ruling raised questions about the status of those convicted as juveniles before 2006 and who are not eligible for parole. The Colorado Supreme Court is expected to rule this year on how that ruling affects such inmates.
Against this complicated history, state Rep. Dan Kagan, D-Cherry Hills Village, has introduced a bill that has the potential to cut sentences dramatically for serious crimes by juveniles going forward, and even allow the possibility of parole right away for those currently imprisoned.
This aggressive bill is premature. While we wouldn’t automatically reject all ideas in the measure, any such bill should wait until the state high court weighs in.
First, let’s be clear about who we are talking about. There are about 50 Colorado inmates who were juveniles when tried in adult court for murder or a similarly serious crime and who were sentenced to life in prison without parole. Many were tried in the 1990s.
Raymond Gone is one. In 1995, he was 16 when he killed Denver police officer Shawn Leinen. Gone pumped two rounds into Leinen’s head and said, according to a Denver Post account: “How does that feel? How does that f—— feel?”
Kagan’s measure would prematurely — in our minds — change the landscape before the key question of retroactivity is resolved. Once it is, there can be reasonable discussions about sentences. How should the state differentiate, say, between those who commit felony murder — for instance, the driver of a get-away car whose partner killed someone — and those who actually pull the trigger?
These are complex issues that need careful vetting before such a dramatic bill is passed.
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