The Second Look Movement - A Review of the Nation’s Sentence Review Laws

The Second Look Movement A Review of the Nation’s Sentence Review Laws The Second Look Movement: A Review of the Nation’s Sentence Review Laws 1 , THE SECOND LOOK MOVEMENT: A REVIEW OF THE NATION’S SENTENCE REVIEW LAWS This report was written by Becky The Sentencing Project would like to acknowledge and thank the Feldman, Second Look Network following people for their help in providing information. [...] The The Second Look Movement: A Review of the Nation’s Sentence Review Laws 5 Supreme Court of Michigan held that mandatory LWOP was unconstitutional for those who were 18 at the time of the offense, and the Supreme Court of Washington held that mandatory LWOP was unconstitutional when imposed upon those who were 18, 19, or 20 at the time of the offense.21 Most recently, the Supreme Court of Massa. [...] The court may reduce the duration of of proving by clear and convincing evidence that the a sentence if it determines that (1) the individual is not person has been rehabilitated and reformed, and if a danger to the public and (2) the interests of justice will conditionally released, the person would not be a be better served by a reduced sentence. [...] The language threat to the safety of the victim, the victim’s family or “notwithstanding any other provision of law” grants broad the community and that the person would comply with discretion to a court, including reducing mandatory the release conditions.”106 There is a right to counsel.107 minimums.114 It was not necessary to explicitly provide Either party can appeal the decision, but the issu. [...] Attorney’s practice of citing court is required to hold a hearing149 and issue a written the seriousness of the offense as the basis to deny the decision.150 The petitioner is entitled to counsel.151 motion.142 The Omnibus Public Safety and Justice Act of 2020 increased the age eligibility from under 18 to under The DC-based Second Look Project has reported that 25.143 in the six years following I.