LEXINGTON, Ky. -- A Kentucky judge has issued a pretrial order in a Lexington murder case that could have an impact on the minimum age for the death penalty across the country.
The U.S. Supreme Court established 18 as the minimum age in 2005, but since then there has been mounting scientific evidence that the brain is not fully developed until the mid-20s.
Citing that research, Fayette Circuit Judge Ernesto Scorsone ruled the state cannot seek the death penalty against Travis Bredhold, who was 18 years and five-months-old when he allegedly robbed and killed a gas station attendant in 2013.
Bredhold's attorney, Joanne Lynch, said she believes it's the first time a judge has ruled capital punishment unconstitutional for offenders younger than 21.
"The decision could have a nationwide impact, and so I do believe it's a significant step in the law of the death penalty,” Lynch said.
Because Scorsone is a trial judge, his order is not binding legal precedent, but that could change if it is upheld on appeal.
Lynch said it could be of use now for other circuit judges in Kentucky. The prosecutor in the Bredhold case argued there is no national consensus on the issue.
But, Lynch said scientific research shows individuals younger than 21 are "psychologically immature," the same way those younger than 18 are. She noted that the last part of the brain to develop is the part that impacts one's ability to think things through.
"I think the law, as Judge Scorsone's order demonstrates, is going to catch up to the neuroscience,” Lynch said. "There are other punishments that are sufficient. You don't need to be pursuing the death penalty for people who are still vulnerable and not fully mature."
The Rev. Pat Delahanty, who chairs the Kentucky Coalition to Abolish the Death Penalty, said Scorsone's order is a well-written opinion and underscores the move away from capital punishment across the country.
"This is an opinion that fits in with a trend in the nation,” Delahanty said. "There's a greater understanding today that we don't need a death penalty in order to punish people for crimes of violent murder."
The death penalty remains legal in 31 states. The last execution carried out in Kentucky was nine years ago, yet state lawmakers have continued to reject legislation that would make life without parole the maximum sentence.
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Loretta Rush, Chief Justice of the Indiana Supreme Court, has released the 2023-24 annual report for the state's courts.
The report shows Indiana's judicial system is taking big steps to tackle the mental health crisis. The Supreme Court recently launched the Office of Behavioral Health and hired Brittany Kelly as its behavioral health specialist, making Indiana the tenth state in the country to embed a mental health professional within its judiciary.
"She's off and running. She's had hundreds of inquiries from around the state. She's meeting with judges," Rush outlined. "She's helping with things like competency evaluations, access to Medicaid, how do I get somebody who's going through dementia through the court system?"
Rush pointed out Kelly will help the courts manage the mental health and substance use issues flooding Indiana's courtrooms daily. The latest report shows more than 1 million cases passed through the courts this past fiscal year, including almost 20,000 involuntary mental health hearings and a sharp rise in protective orders for domestic violence.
Rush highlighted the strain on local courts, noting about 70% of people in jail have behavioral health issues.
"How do we make sure we have diversion programs in place? How do we make sure that the services we're ordering for people to do are the right services?" Rush asked. "We've done a lot at the national level with regard to substance abuse and mental health, realizing programs that are working."
The judiciary is working with state agencies to reform policies and address the impact of mental health issues on the system. Kelly has training in both social work and law, and helps judges connect with treatment resources to get people the support they need and keep them out of jail.
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Survivors of crime are speaking out against Proposition 36, which goes before California voters in November.
The ballot measure would increase penalties for some theft and drug crimes - and undo parts of Proposition 47, which took savings from decreased incarceration and put the money into harm-reduction programs.
Tinisch Hollins, executive director of Californians for Safety and Justice, spoke Wednesday at the opening of a new trauma recovery center in Oakland.
"It's pushing the state to move back towards 'tough-on-crime.' We are pushing back on that. You need to prioritize resources to create trauma-recovery centers because this is the way to create safety in our community." Hollins said.
Supporters of Prop. 36 say current laws are too lenient, particularly concerning retail theft. But the state legislative analyst has suggested Prop. 36 will send many more people to jail, increasing criminal-justice costs anywhere from tens of millions to the low hundreds of millions of dollars each year.
Hollins said that would mean less money for programs that actually address poverty and desperation - the root cause of crime.
"Folks who have been touched by incarceration, folks who are experiencing homelessness, folks who are experiencing barriers to employment, they can actually get a full range of services to stabilize," Hollins added. "Think about how impactful this will be if we're able to continue expanding this model."
Advocates of Prop. 36 project that it would mean $850 million less over the next decade for trauma recovery centers, mental health, drug treatment, victim services, re-entry and crime-prevention programs.
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Groups across Alabama are joining forces to advocate for big changes to what they see as the state's flawed parole system.
In a panel discussion led by the group Alabama Values, speakers focused on improving the parole process and addressing its broader impact.
John Woods, who spent 10 years repeatedly being denied parole, shared his story. He said the system creates a sense of hopelessness, not only for those behind bars but also their families and shared a recent conversation with another person still waiting for a chance at parole.
"He said, 'I'm going out into society every day working a real a job,'" Woods explained. "He said, 'I go home every other week.' He said, 'I haven't did nothing and I've been there for seven years.' He said, 'What more can you get out of me in a work release?'"
Despite work release programs proving many individuals are not a threat to public safety, panelists noted few are granted parole. The latest Alabama Department of Corrections report showed state prisons are holding more than twice their intended capacity. The overcrowding, combined with rising violence, has heightened concerns.
Katie Glenn, policy associate for the Southern Poverty Law Center, cited the parole board's inconsistent application of its own guidelines as a major issue.
"The guidelines that the parole board uses, if they actually followed them, something like 70% of people who are up for parole would be paroled," Glenn contended. "I think now, we're seeing numbers as high as maybe, like, in the 20%."
Alison Mollman, interim legal director for the ACLU of Alabama, suggested borrowing parole models from other states to make improvements, including offering virtual attendance for parole hearings and reducing the lengthy wait times between hearings.
"In Alabama, you can be set off -- or you can have to wait for another parole hearing -- up to five years," Mollman pointed out. "That's a really, really long time, and I think a lot of times we hear, in the legislature, them wanting to move things so that everybody has to wait five years. But in states like Louisiana, most people wait one year."
Mollman also favors gradual release programs to reintegrate people through structured stages, as well as restorative justice practices, which allow some offenders to seek reconciliation with victims. The Alabama Legislature's next opportunity to address parole system issues is in its 2025 session.
Disclosure: Alabama Values Progress contributes to our fund for reporting on Civic Engagement, LGBTQIA Issues, Reproductive Health, and Social Justice. If you would like to help support news in the public interest,
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