Irena Tutunari
Pronouns: she/her
Research Mentor(s): Kimberly Thomas
Research Mentor School/College/Department: Law / Law
Program:
Authors:
Session: Session 3: 11:00 am – 11: 50 am
Poster: 60
Abstract
In 2012, the United States Supreme Court in the case of Miller v. Alabama decided that juveniles under the age of 18 could not lawfully be sentenced to life without parole, as it was a violation of the 8th Amendment, which prohibits cruel or unusual punishment. On January 18 2024, the People v. Poole decision, which ventured that those 18 years of age be eligible for the same protection, was deemed retroactive, meaning that it is applicable to cases in Michigan. Thus, the Juvenile Justice Clinic seeks to establish resentencing appeals for its various clients, all of whom have been incarcerated for over 45 years for felony murder. The responsibilities of the project includes relevant correspondence and memoranda with prosecutors regarding appeals for resentencing, analysis of court transcripts and compilation of personal client documents. Progress is being made on each individual case, primarily evidenced by the action being taken in response to the retroactive People v. Poole decision; in felony murder resentencing appeals, results cannot occur immediately and rather require consistent effort and patience. The goal is to either seek a term-of-years sentence for clients who were sentenced to life without parole as juveniles, in which case they will likely have already completed the sentence and be released, or through other means, the goal is to participate in a resentencing trial and then obtain a term-of-years sentence. Given that civil liberties are at stake under the violation of constitutional protections, the urgency of this matter is palpable. Criminal justice sentencing guidelines are in dire need of reformation in order to restore ethics within the juvenile justice system.
