WWL>Topics>>1-26 8am Tommy, Supreme Court Ruling

1-26 8am Tommy, Supreme Court Ruling

Jan 26, 2016|

Tommy talks to Marsha Levick, the Deputy Dir. & Chief Counsel for the Juvenile Law Center, about a Supreme Court decision regarding juvenile sentencing.

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Automatically Generated Transcript (may not be 100% accurate)

David N you're busy but if you would for some outages got into the car. Rig count what happened early this morning in the Ninth Ward and where we are now. Yeah what happened is apparently a multi agency task force made up of federal and local law officers and they were apparently had targeted a house in the lower ninth. Apparently the cops moved in. And one officer later identified as a JP and so deputy who was working as part of the task force which shot. And we've heard reports that he was shot once may be used on in the Manning used three times and in the upper torso. And they the little confusion about. Taken him to Schaub Matt first and then to the real trauma senator over at the university L issue and they got a more there and that's trees being treated but. No one's come out since stable or anything so we just know there worker. I'd and yell or working on it as well and you give us details as soon as they become available as Rhonda got harassed do we got one arrest in two detained. At this time led everybody know what's going on occasion didn't in. If you can find it within your prayers and good thoughts for this officer bombed the got a couple of things here we're talking about one thing we have not mentioned yet is the Supreme Court ruling. Which I believe was over a case in Louisiana. And that concerns. Teenagers children hollered to lessen the age of majority is being sentenced to mandatory life imprisonment for murder. And the Supreme Court says you know what a mandatory life sentence is unconstitutional. That it's cruel and unusual punishment in women were asking you if for example. Some money fifteen years old shoots a police officer. Today be eligible for parole is it. Constitutional and your eyes his sentence them to prison for the rest of their life and you know highly socket though when he married her west rescue your life. It's an abstract concept. Because that's an interesting part of it well it is it's rainbows and in the case of marriage it's rainbows and ponies and terror cells no lie but. If you look at it it is the not marriage but. A prison sentence toward the rest of somebody's life if they're fifteen means 125 still Ngo can't get out no hope 35. So Ngo can't get out 4550 it's that are. Now that doesn't mean that the person that they killed comes back alive I fully realize that but notice you in addition to our conversation about guns. Which is a house bill it's been pre filed saying anybody can carry concealed weapon except for. A convicted felon anybody that can legally owning guns and carry it concealed with Saudi permit or license. So anything that's a good or bad idea and given the fact that a home invasion. This is really spooky they searched the truck of the people. That the homeowners gun chased off if you follow in me and I think it'll latex gloves masks and duct tape in there which. Is really kind of scary when you think about it is again in the house overall a good thing. Where bad things a lot for you to weigh in on a line here at all at T 60 187 he Tommy Tucker back in a flash and other W. 817 our news department to doing yeoman work. Which you don't look at but following the shooting of the I Jefferson Parish sheriff's. Deputy lawyer agent detective rather that was working. With a multi agency task force in the Ninth Ward he has been taken to. The university medical center the only. On level one trauma room trauma treatment facility in the area. And we have not heard anything there is one arrests we've not heard anything about his condition. Well certainly as anything new along to you as soon as it happens. Supreme Court rules yesterday. That. I believe. It is unconstitutional. He sends a child murderer summoned below the age of majority. To an automatic life sentence and I think that was made retroactive but instead of me speculating what we talked to Marshall Levitt. Deputy director chief counsel for the juvenile law center who was a principal and listen and find out what's going on good morning Marcia. Thanks for taking the time this. Again it's exits Wednesday as they understand it it doesn't say that. The it shouldn't be aid on it says that there's an option that you might be able to do it and not explain to assaulting from the get go please. Sure. Three years ago the United States Supreme Court ruled that mandatory life without parole sentences. Are unconstitutional for individuals who were convicted of homicides. And that they were accused of committee when they were under eighteen so when they were used when they were children. And this question that has been. Certain. Yet to be resolved that until yesterday was whether or not that decision would be applied to everyone who is serving mandatory life without processes in this country. Louisiana was one of the State Supreme Court that ruled that the decision would not be applied. Two individuals to had been sentenced and convicted and their cases have long been concluded. Prior to 2012. The Supreme Court yesterday in case involving Henry Montgomery. Someone who's 69 years old and has been an ankle present for more than five decades. Ruled that a fact that decision should be applied retroactively. That then that mandatory life without parole. Is unconstitutional. That it deprives individuals of the opportunity to have these particular attributes and characteristics. Childhood and adolescent. Taken into account at sentencing and these individuals are entitled to the second law. So going forward. No judge Q will sentence. A some and under the age of eighteen a letter what they did to a life sentence because that it is now ruled unconstitutional. The court has not. Rule to all like it up process is unconstitutional. On it has ruled mandatory sentences unconstitutional however. Onto your point. Again yesterday Joseph Kennedy at the court had done three years ago in Miller case. According to essentially say it is life without parole sentences should be imposed almost never. Really the court said in very high standard only where. That it is there can't determine if someone is permanently incorrigible. Which is an incredibly high standard. They should always be an opportunity for hope and opportunity that these individuals might get and the opportunity to return to their communities. If you have a couple of minutes I would appreciate if you hang on because and you go from what you Jews and to retro actively applying this because how would you know what happened in the case of this 67 year old man. What his mindset was. When he was below eighteen are are younger than eighteen unless. You would go by prison behavior which I don't think would be. And and anchored example Lori indication of what he would do when he outside. Marshall letting nice enough to join us deputy director and chief counsel for the juvenile laws that are talking about. The ruling does green court yesterday to when he won now time for evidence crap. I Marshall of Atlantic is that right made him look there that's correct Archuleta deputy director and chief counsel. For the juvenile laws that are talking about a Supreme Court yesterday ruling that. The news specifically related to. Child murderers and now's the bloated under eighteen that there had to be an option. For. The life imprisonment that big you can't being an automatic sentence and that. One of the judges saying you know what it did is a pretty rare occasion where you would use a new and it to be and correct Mimi in the financing and it correctly in cards Ruble. An income in the real been rehabilitated pretty much. Yes correct it to potentially that court is is permanently court. And I think the reason. I answered my own question during a break the reason this could be applied retroactively. Is there was no choice given correct. On yet in there was no choice event and two other quick considerations. One is that the Supreme Court authority recognized based on a significant amount of research. That these young offenders as a group aren't simply explain more than adults. They're number characteristic about their immature judgment they're likelihood to be susceptible to peer pressure. Lack of appreciation of the consequences to conduct a engaging and make it categorically disagree just explain an adult and therefore. The harsh sentences that we impose an adult offenders. Would be disproportionate purchase. So when you ask the question about looking backwards. That will be true that would have been true and Montgomery's 1617 years well. It's not that true case like mr. Montgomery where you are fifty years down the road. Quickly and at that look at how his experiences in and present. All kinds of information it considered relevant and come in its sentencing or resent saying. Ally and it is likely that many in many of these cases that will be an examination that there's significant record. How the individuals did of course. And Montgomery an example some want it done extremely well prison has adjusted well and mentor. And had a steady job within that prison wall and he has demonstrated his growth and maturity and his rehabilitation. So at no point are we talking about retrial here because. You know appeared app but it appears you couldn't deal it so it's they would be. Immediately go to the front of the line is filers of parole review board and it would they be the ultimate arbiters of weathered this person gets out of jail now. That's the great question and that will. It will probably varies state by state the Supreme Court left that. Determination open as to whether or not states can choose to actually conduct re sentencing hearings and you're correct there will be no retrial in these cases. Or whether it might simply become a matter for Parole Board to determine. We Seattle have to make that decision justice more than two dozen states across the country. In a larger sense constitutionally I don't believe the constitution is anything about. A juvenile murderers doesn't. How well. Why is the eighth amendment that prohibits cruel and unusual punishment and the court has construe that clause. To require a very specific distinctive kind of treatment. Juvenile offenders because entity developmental differences between him and the biological differences so yet. While it may not say at an explicit words the court has construe the most relevant punishment provisions as requiring very distinctive treatment of children. And appointed a question was to a larger extent. People that are constitutional. Purist. I don't think they understand or if you could talk quickly about the philosophy of the theory that this is an evolving document and just because of the court doesn't rule like you want them do that they're change in the country or change in the constitution. Corrected it the holidays briefing document and in particular when we think about that kind of punishment that have been expand in this country going back to 200 years. We have a ball that the society we have changed what we think it's tolerable in terms of how we treat individuals justice President Obama last night. Issued an order that he would be banning solitary confinement for juveniles and federal prisons so our thinking does the ball but the good thing. And the court's treatment of children under the constitution absolutely perplexed that. Armed do you think. I presume your constitutional attorney. Do you do you think overall when you look at decisions that you have not agreed with as those general populations decisions that you have agreed with. That overall this constitution the system works. It thank you appreciate your time. Marsha eleven acre deputy director and chief counsel for the juvenile law center. And I do think that when it comes to jurist prudence when it comes to. A court a judge handling a case that really do think. One person's victory in fairness and justice. Is another person's outraged that the judges being an activist we'll talk about that as well at T six 187 he do you think. The court's. Recent all along the interpretation of the constitution and how they applied. The current conditions tune the laws are with the constitution says that the whole thing is Morgan we have so many things greeted talk about. Of his skull to 601870. I give you the menu back and flash right now time for double WL first news of that would go to David Blake. David Blake I have been ignoring with everything going on as we ride the morning lightning here are pretty jaguar opinion poll. And that is would president trump. Be the best or worst thing that happened to America. President trump I don't want your opinion on news weather would be good or bad I just want to against. The poll numbers as you often do. Here less the then president good or bad. I'm gonna say. Fist. Yeah you losing your touch two thirds are saying the best thing or 13 as saying the worst things I'd like to hear from yell. At 26 rail late seventy yet we're also talking about a bill that's been pre filed. To basically make it legal. Mom is that the Second Amendment right includes you use anybody without. Anybody can legally own a gun. To concealed carry. And and I feel about that because I Aziz and people walking down the street. And just think in you know what may be may be nobody might be already I don't know are we are you have no way of knowing you know and then criminal's going to affect them because you know they're concealed carrying anyway. So you tell me 2601878. Good or bad idea than a Second Amendment. Not Second Amendment the ruling by the Supreme Court yesterday saying. You can automatically sends a juvenile under eighteen and so we're defining juvenile. To a mandatory life sentence for murder. So you did have a sixteen year old ostensibly with a fully auto weapon or maybe 92 semiautomatic. Go crazy at a stop sign to you and your family. And there's no mandatory life sentence for that you've got to go back and take a look at parole and a Supreme Court already said that death sentences for juvenile is not. Constitutional soon it would be good or bad. Are do you agree that Supreme Court ruling or not how is president trumps it with you would it be the best. Or worse thing that happened to American finally. Bomb making it legal in Louisiana to conceal carry without any training. Without any. Classes are Manning knows by gun sickening new ways Manning go. I know what you think especially if your business owner when we come back to 260187. Tommy Tucker client at a hundred miles mourning a lot going on out. Police officer shot this morning we do not nose picking his condition yet he was supposed to be shot in the upper part of the torso is not supposed to be that that's what we're hearing and we will have any update on his condition. As soon as it happens a GPS oh officer detective that was working as part of a multi agency task force and it took place. In the Ninth Ward Ginny in a car good morning and got a W out time Donald Trump. Would he be the best thing present crap to happen in a trumped happened to the country or the waste thing. Though our absolute worst in the war to life. Okay. Well pitches that are probably thought that. They each had a chance for her. He read to win. Key acts. Certainly knows any comment on is going to comment on Donald Trump relief here it's Angela Merkel. It's it is on the party and it it's a certain degree is pregnant eat it right. Talk about people. I. It and people outright short department and the credit. I adored in art that are out Utley he's huge in there. And out. It all. He. He didn't. Here is that people were at arch its current crop are. Trout. In your mind open there and neatly. There. Yeah. I'd you know I'd did that part of it I don't really follow him a more about a sports gonna get a bit. So his wife knew that he was having an affair. You know I think that it might owe it to. Pairings like quite a Bill Clinton saying you indeed married to build. And open. A bit here are items being talked about their plans at all back at a particular period a year. Generation all the things that other people. He can play right around. It. At any. Girl and I never all. They ignored. It and are. You know agent agent cheese in their. It's a lot of things in order here I think that what you want. Got to deal with sure four years are. Seen or did it with director in the world and the world and he can't have been normal conversation. Anyone any news in the. I looked over run out of time Guinea give me an example where you said what ever you wanted and it didn't it didn't announce it well. Sorry. Could you just say whatever you want and you know. All the time but that is that archer at. You know like Italian not they. But. It. It was real or don't end at certain things and you have an idea. Probably used to. Own or. Cork. I guess I general appreciated. Yet you would most suit anybody else thinks you anything that Donald Trump is an idiot. That he has no gras they tell us if you will lower the skills to be resident. And it is a pretty gentler opinion poll which is. Would president from being the best or worst thing that happened in the country 851 time now related WWL traffic. Ready jaguar opinion polls very simply would president Donald Trump be the best thing. Where the waste they now have an American 64%. Best thing 36%. Worst thing. Anguished Jenny they called hinges now that said he was an idiots. Indian handy Grata Tavis my word for him to be president. When the skills Moody's knew all insight on your end of WL the and good is that a nickname your real name. It. Hagee then name suddenly yanked it as a kid and it. I like it cooled intently to think about. Ladies and gentlemen mr. the president of the United States Donaldson. Well. And it. Which prompts the question moody flies. Why. We're all not all. The world. And it broke oh are. Very. The and so our country. Corporate. All. Very. I. Agree. That well. So old that are not engaging in the same. Level politeness issue in refusing to call people names and their sit and and it cars loaded the radio saying you full what are you taught a body's not a racist. Let me think he has. OK in the end a street oh or at. ER a great. On the border. Bill outlaw all do everything right. Cheat other people at the we know I don't edit. Or. Eaten there. You know can't they. There are potential. You know. You re a. How would you determine I mean who can be and who campy. Seemed like a pretty scary thing to me scary proposition of will you can run. And you can't although it does take. A certain amount of signatures on petitions in each state to get on a ballot. When I mean he yeah and belt has no political. Background I went on it I know. Which they are at that if you look at the background you know you were trying to cartridge they get better for the. Gotcha I appreciated Modi routed time attacks hymns in bomb all of Donald Trump's. Wives are from other countries which proves. They'll take jobs nobody else we'll will be backed evidently well.

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