U.S. Supreme Court Hears Argument On Florida Juvenile Life In Prison Cases

Nov 11, 2009

On Monday, November 9, 2009, the United States Supreme Court heard oral argument on whether the age of a juvenile offender should be considered in determining if a sentence of life in prison without the possibility of parole should be given for certain non-homicide crimes.

Petitioners in the cases (Graham v. Florida, No. 08-7412 and Sullivan v. Florida, No. 08-7621) argued that this sentencing violates the Eighth Amendment of the United States Constitution, which prohibits “cruel and unusual” punishment.  According to news reports, the Supreme Court Justices expressed split opinions during the argument.

Of the 109 juvenile offenders currently serving a life sentence without the possibility of parole for crimes during which no one was killed, the largest number (77) is in Florida, according to a study published by Florida State University entitled “Juvenile Life Without Parole for Non-homicide Offenses: Florida Compared To The Nation.”  To view a copy of the study, click here.

Media coverage of Monday’s oral argument before the Supreme Court is reprinted below.  To access a complete news article, click on its headline below.

 

Should you have any questions or comments, please contact Frank Mayernick Jr. at fmayernick@cftlaw.com.

 

U.S. Supreme Court considers two North Florida juvenile crime cases

Two teenagers were sentenced to life without parole for non-homicides crimes

The Florida Times Union, November 10, 2009

Florida’s tough stance against juvenile criminals was debated on a national stage Monday as the U.S. Supreme Court heard arguments by lawyers for two North Florida inmates challenging their life-without-parole prison sentences in non-homicides.

 

Justices divided on tough juvenile sentences

Miami Herald, November 10, 2009

Florida’s tough prison sentences for juveniles came under scrutiny at the U.S. Supreme Court on Monday, with justices appearing divided about whether locking up teenagers for life constitutes cruel and unusual punishment.

 

Justices Consider the Role of Age in Life Sentences

New York Times, November 9, 2009

The United States could be the only nation in the world where a 13-year-old child can be sentenced to life in prison without possibility of parole, even for crimes that do not include murder. This grim distinction should trouble Americans deeply, as should all of the barbaric sentencing policies for children that this country embraces but that most of the world has abandoned.

 

New York Times Editorial:  Imprisoning a Child for Life

New York Times, November 9, 2009

The United States could be the only nation in the world where a 13-year-old child can be sentenced to life in prison without possibility of parole, even for crimes that do not include murder. This grim distinction should trouble Americans deeply, as should all of the barbaric sentencing policies for children that this country embraces but that most of the world has abandoned.

 

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