Monday, November 9, 2009

Supreme Court to Hear Arguments on Sentencing Juveniles to Life Without Parole


Posted by Adam Lange

Today, the U.S. Supreme Court will hear oral arguments in two separate cases to determine whether sentencing juveniles to life in prison without the possibility of parole for non-homicide crimes violates the Eighth Amendment's prohibition of cruel and unusual punishment.

Sullivan v. Florida is the case of Joe Sullivan, who was sentenced to life in prison without the possibility of parole 20 years ago at the age of 13. Graham v. Florida is the case of Terrance Jamar Graham, who violated parole at age 17 and was sentenced, without a trial, to life without parole. Both cases took place in Florida, one of only six states that have imprisoned juveniles for life without parole for non-homicide offenses.

Many civil rights groups, academics, and social scientists have spoken out against these sentencing practices. Charles Ogletree — who joined in a brief submitted by the NAACP Legal Defense & Educational Fund, Inc., in support of Graham and Sullivan — said that the Court should apply the same logic to these case it used to decide Roper v. Simmons, which struck down capital punishment for minors as unconstitutional.

"The same transient qualities of adolescence that the Court relied upon in Roper make it similarly inappropriate to subject a teenager to a permanent punishment of life in prison without parole. It is cruel and inaccurate, as the Court has recognized, to pass a final and irreversible judgment on a person whose character is still forming and undergoing significant changes," Ogletree said.

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