California Supreme Court To Weigh In On Juvenile Sentences

SAN FRANCISCO (AP) - The California Supreme Court is set to decide whether a mandatory criminal sentence of 50 years to life for a juvenile convicted of a killing violated the constitutional ban on cruel and unusual punishment.

The ruling expected Thursday comes amid heightened scrutiny of sentences for juveniles. The U.S. Supreme Court in a 2012 ruling said that children are more likely to be impetuous, fail to appreciate risks and be vulnerable to peer pressure and home environment. While it did not bar life sentences for juvenile killers, it said judges must weigh factors that may lead to imposition of a lesser sentence.

At issue in the case before the California Supreme Court is a state law that gives juvenile offenders the right to a parole hearing within 25 years. The state attorney general's office says a sentence of 50-year-to-life for a juvenile is not a de facto life term that violates the constitution.

Attorneys for a man convicted of murder at 16 and sentenced to 50 years to life disagree, saying the sentence violated the constitution because it was equivalent to a life term and was imposed without consideration of mitigating factors of youth.

The appeal the state Supreme Court is considering is by Tyris Franklin, who was tried as an adult and sentenced in 2012 following his conviction on murder and firearms charges. Prosecutors say Franklin shot and killed another 16-year-old whom he accused of gang ties.

Copyright 2016 The Associated Press.