There has been an important change in the way Washington law treats the most serious juvenile offenders.  The change in the law was the result of a recent decision by the U. S. Supreme Court in a case called Miller vs. Alabama.  That decision ruled that mandatory automatic life sentences for juveniles convicted of the most serious of offenses (usually first-degree murder) are unconstitutional.  This had been the law in Washington for over twenty years as well as nearly 30 other states for even longer.

This year with broad support, the Washington legislature passed SB 5064, which changed the law that had required juveniles as young as 13 who had committed aggravated first-degree murder to be automatically sentenced to life in adult prisons. The new law allows a judge to impose a minimum sentence of 25 years instead of being required to impose the life sentence. The judge may sentence the juvenile to a maximum of life but it is not required.  The new law also gives juveniles who have been sentenced to such long terms they are “functional life sentences” a chance at release after serving 20 years.

The application of the law is complicated, but basically it allows a judge to take into consideration the age of the juvenile and the relative maturity of the offender in fashioning a sentence.  It allows the court discretion in the application of punishment.  This is important in fashioning a judgment that is just and appropriate especially in juvenile cases.

This decision affects an old case in Stevens County involving the murder of the entire Lemcke family by a 16 year-old member of that family.  That case is affected by this change in the law and may result in a re-sentencing in that case. It is not clear yet what will happen in that case, but it will be worked out and done within the next year.  This also affects nearly 30 other cases in Washington where men are in prison for life for crimes that they committed when they were juveniles.

This article was adapted with permission from an excellent editorial column by Jonathan Martin published in the Seattle Times on March 18, 2014.