The Michigan Supreme Court is scheduled to hear a case today involving the Fifth Amendment and criminal sentencing.
The case asks whether the Fifth Amendment right against self-incrimination can allow someone to refuse a psych exam from the prosecution while still using one from their own expert as evidence.
The exam matters because the case involves re-sentencing for a man who was sentenced to life without parole for a crime he committed while a minor.
Both the U.S. and Michigan Supreme Courts have declared mandatory life sentences for minors unconstitutional because their brains aren’t fully developed.
The defense argues forcing the prosecution’s psych exam would place too much responsibility on the defense.
The prosecution disagrees since the man would only need to undergo its evaluation if he wants to use his own as evidence.
Non-commercial, fact based reporting is made possible by your financial support. Make your donation to WEMU today to keep your community NPR station thriving.
Like 89.1 WEMU on Facebook and follow us on X (Twitter)
Contact WEMU News at 734.487.3363 or email us at studio@wemu.org
