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December 10, 2023
Thorough account of sentencing of Michigan school shooter Ethan Crumbley to LWOP
Constitutional law now requires a juveline murderer can be sentenced to life without parole "only if the sentence is not mandatory and the sentencer therefore has discretion to impose a lesser punishment." Jones v. Mississippi, 141 S.Ct. 1307, 1311 (2021). Last week in Michigan brought these procedural realities into sharp relief in the sentencing of a high-profile school shooter. This Detroit Free Press article provides a very lengthy and quite wrenching account of the sentencing and victim statements. Here are a few excerpts focused on some legal particulars:
In the end, whatever mental illness Ethan Crumbley may have, the judge concluded it did not interfere with the teen's ability to plan and carry out the deadliest school shooting in Michigan's history.
Rather, Oakland County Circuit Court Judge Kwame Rowe said in locking up the teenage killer forever, Crumbley has an obsession with violence, planned the massacre for weeks in advance, carried it out — and chose to stay alive so that he could witness the suffering and enjoy the notoriety he desired.
Mental illness, the judge noted, didn't interfere with any of that. “This started with him asking for a better gun to carry out the school shooting," Rowe said of the killer, who was sentenced to life without the possibility of parole Friday for the 2021 massacre that killed four Oxford High School students and injured seven others, including a teacher.
“He could have changed his mind (after shooting his first victim)," Rowe said in handing down the sentence. “But he didn’t. He continued to walk through the school picking and choosing who was going to die.”...
Crumbley's punishment was handed down after a day of gut-wrenching statements from grieving parents, victims who survived and traumatized students whose sense of security has forever been shattered, including a 16-year-old student who looked at the killer in court and said: "Today I want you to look at me.” Crumbley, who kept his head down nearly the entire hearing, briefly glanced up to look at the girl....
In pushing for the harshest punishment possible, Oakland County Prosecutor Karen McDonald argued Crumbley's crimes triggered a tsunami of trauma for scores of students, parents and an entire community. All of it could have been avoided, she said, but the teen chose to keep his plan a secret. "He could have disclosed that he had a gun and was planning to shoot up his school, but he did not," McDonald said.
"Today was about victims. We heard their voices," the prosecutor said. But the trauma was far more severe than what was heard in court, she said, noting the parents suffered far more than what they discussed Friday....
Crumbley pleaded guilty to murder and terrorism charges last year, admitting he planned and carried out the shooting, and meant to cause panic and fear in the school that day. In September, Rowe determined that Crumbley was eligible for a sentence of life without parole following a lengthy and emotional Miller hearing, a mandatory proceeding that helps judges decide whether juveniles should spend the rest of their lives in prison.
Meanwhile, his parents, James and Jennifer Crumbley, continue to maintain their innocence in the unprecedented case as the first parents in America charged in a mass school shooting. They are accused of ignoring their son's mental health troubles and buying him a gun instead of getting him help — the same gun he used in the November 2021 massacre.
The parents maintain they had no way of knowing their son would shoot up his school, and that the gun was safely stored. They will face separate trials in January on involuntary manslaughter charges.
December 10, 2023 at 06:01 PM | Permalink
Comments
Exhibit A for overruling Roper v. Simmons.
Posted by: Bill Otis | Dec 10, 2023 9:14:17 PM
To play devil's advocate--couldn't a variation on the theme be made for pretty much every juvenile killer? If we are going to have laws that say that there has to be a very good reason to put away juvenile killers for life, don't we have to move past the heart-wrenching stories--gee, having your kid murdered sucks, but that's true of pretty much every killing. What makes Crumbley so special that he gets to spend the rest of his life in a cage?
This is precisely why I wholeheartedly reject this framework. The argument just falls apart. If LWOP is ok for Crumbley, it's ok for other killers.
Posted by: federalist | Dec 11, 2023 5:19:18 PM