while Miller claimed to require "only that a sentencer
Like Woodson and its progeny, Miller contemplates full-scale sentencing hearings for juveniles convicted of homicide where the sentencer
can weigh a defendant's "immaturity, impetuosity, and failure to appreciate risks and consequences.
We created three designations: Death-Sentenced ("DS"), Sentencer
-Spared ("SS") (the sentencer
was presented with the option of death but chose a lesser sentence), (25) and Prosecutor-Spared ("PS") (the prosecutor did not pursue a death sentence through the sentencing phase, and thus a lesser sentence was imposed).
He was a stern sentencer
, but those convicted would receive just deserts Sir David Clarke, Former Recorder of Liverpool
a scheme that gives the sentencer
no discretion) was cruel and unusual punishment.
Based on these two strands of cases, the Miller Court concluded that a sentencer
must take into account an offender's youth and attendant characteristics before imposing a penalty of LWOP.
The law requires sentencers
to try to understand, as best they can, people who do terrible things, rather than simply chalking it up to evil, taking retribution, and being done with it.
This is, of course, one of the manifestations of the 'instinctive synthesis' approach to sentencing whereby, in relation to most considerations, the weight to be accorded to each is for the sentencer
92) With regard to incapacitation, however, Justice Kennedy found that no sentencer
could say with sufficient certainty that a juvenile non-homicide offender "would be a risk to society for the rest of his [or her] life.
This also completes almost 30 years as a sentencer
preclude a sentencer
from taking account of an offender's age and the wealth of characteristics and circumstances attendant to it" and that "a sentencer
needed to examine all these circumstances before concluding that life without any possibility of parole was the appropriate penalty.
The sheriff added: "Under the Criminal Procedure (Scotland) Act 1995, Section 204(2), a sentencer
is not to impose custody unless there is no alternative.
The justices indicated their displeasure with the mandatory nature of life without parole sentences in their opinion, writing, "The mandatory penalty schemes at issue here, however, prevent the sentencer
from considering youth and from assessing whether the law's harshest term of imprisonment proportionately punishes a juvenile offender.
If God is the ultimate judge, after all, he's also the supreme sentencer
law required that the sentencer
find and specifically articulate at