LITTLE ROCK, Ark. (AP) - An Arkansas judge struck down a new state law Thursday eliminating mandatory life-without-parole sentences for juveniles, ruling that it denies individualized sentencing hearings to offenders who are in prison for offenses committed when they were minors.
Pulaski County Circuit Judge Wendell Griffen ruled the law violated the U.S. and Arkansas constitutions and ordered a new sentencing hearing for Brandon Hardman, who convicted of capital murder for a fatal shooting he committed when he was 16. The new Arkansas law was enacted this year to comply with recent U.S. Supreme Court decisions that say mandatory life sentences for juveniles are unconstitutional.
The new law applies retroactively to prisoners like Hardman who were sentenced for offenses committed before their 18th birthday. The law allows minors who were given life-without-parole sentences to be eligible for parole after serving 20 to 30 years in prison, depending on the charges. The Arkansas Parole Board would determine parole eligibility.
“This is a clear violation of the rights guaranteed to Hardman under the Sixth Amendment,” Griffen wrote in his ruling. “The (Fair Sentencing for Minors Act) cannot pass constitutional muster as it denies individualized sentencing hearings to Hardman and any other individual in his situation.”
Griffen also ruled the law violates the separation of powers between the legislative and judicial branches, with the General Assembly overstepping its bounds and acting as a sentencing authority.
An attorney for Hardman declined to comment on Griffen’s ruling.
Republican Sen. Missy Irvin, who sponsored the law, said she expected the decision to be appealed to the state Supreme Court and was confident the law would be upheld as constitutional.
“I’m confident the attorney general is going to vigorously defend the law,” Irvin said.
Attorney General Leslie Rutledge is reviewing the decision and will evaluate how to proceed, spokesman Judd Deere said.
___
Follow Andrew DeMillo on Twitter at www.twitter.com/ademillo
Please read our comment policy before commenting.