Juvenile Life Without Parole (JLWOP) was outlawed in the United States under Miller v. Alabama. The ruling in the case made Pennsylvania’s sentencing statute for murder by a juvenile unconstitutional. Further, the Supreme Court of the United States also ruled in Montgomery v. Louisiana, that Miller v. Alabama was retroactive. If you were sentenced as a juvenile to life without parole before the Miller decision, you can now be paroled.
As a result of the decision, Pennsylvania has new sentencing guidelines for juveniles convicted of murder under § 1102.1.
In a Murder 1 case, the sentence of the juvenile shall be,
“(1) A person who at the time of the commission of the offense was 15 years of age or older shall be sentenced to a term of life imprisonment without parole, or a term of imprisonment, the minimum of which shall be at least 35 years to life.
(2) A person who at the time of the commission of the offense was under 15 years of age shall be sentenced to a term of life imprisonment without parole, or a term of imprisonment, the minimum of which shall be at least 25 years to life.”
In a Murder 2 case, the sentence of the juvenile shall be,
“(1) A person who at the time of the commission of the offense was 15 years of age or older shall be sentenced to a term of imprisonment the minimum of which shall be at least 30 years to life.
(2) A person who at the time of the commission of the offense was under 15 years of age shall be sentenced to a term of imprisonment the minimum of which shall be at least 20 years to life.”
The effect of the new sentences are that the person will be parole eligible at some point in their lives.
If you were convicted of life without parole as a juvenile, and now want to file a petition for parole eligibility before the Pennsylvania Department of Probation and Parole, contact Brian J. Zeiger, Esquire now to discuss your matter.
If you have a loved one serving juvenile life without parole, and are interested in a clemency petition for parole, contact Mr. Zeiger now. If you have a juvenile loved one charged with Murder 1 or Murder 2, contact Mr. Zeiger now for a free homicide consultation. Contact the Zeiger Firm now for a free consultation at 215.546.0340. Mr. Zeiger is available now.
