Michigan v. Parnell

State constitutions often provide different and broader protection than the federal constitution. Michigan v. Parnell is one of many cases where the MacArthur Justice Center is working to make the difference matter.

Michael Parnell received the maximum sentence for the crime he committed despite the fact that he has an intellectual disability. In addition, the sentencing judge dismissed rehabilitation as a central concern of criminal punishment in justifying the sentence.

Whereas the federal Eighth Amendment prohibits only “cruel and unusual” punishment, Michigan’s constitution prohibits courts from meting out any punishment that is “cruel or unusual.” We filed an amicus brief in the Michigan Court of Appeals, arguing that Mr. Malvo’s life sentence is cruel, regardless of whether it is unusual.