afroloq
05-17-2010, 10:07 AM
In a 5-4 ruling, the Supreme Court ruled Monday that juvenile criminals cannot be sentenced to life in prison with no chance at parole for crimes other than homicide because it violates their Eighth Amendment right against Cruel and Unusual Punishment.
Justice Anthony Kennedy has the opinion of the Court. In it he writes that "The inadequacy of penological theory to justify life without parole sentences for juvenile nonhomicide offenders, the limited culpability of such offenders, and the severity of these sentences all lead the Court to conclude that the sentencing practice at issue is cruel and unusual."
Florida is the state with the most juvenile offenders (77) with life/no parole sentences and that is where this case comes from.
Kennedy says a categorical rule making such a sentence unconstitutional is necessary because otherwise "a court or jury will erroneously conclude that a particular juvenile is sufficiently culpable to deserve life without parole for a nonhomicide. It also gives the juvenile offender a chance to demonstrate maturity and reform."
The Court opinion also makes note of the fact the United States is the only country in the world that had allowed such a sentence. "While the judgments of other nations and the international community are not dispositive as to the meaning of the Eighth Amendment, the Court has looked abroad to support its independent conclusion that a particular punishment is cruel and unusual."
Justices Clarence Thomas, Antonin Scalia and Samuel Alito are in dissent. Chief Justice John Roberts agreed that the juvenile sentenced in this case, Terrance Graham, was excessive. He disagrees with the ruling that says all life without parole sentences for juveniles are cruel and unusual.
Justice Thomas writes that "Although the text of the Constitution is silent regarding the permissibility of this sentencing practice, and although it would not have offended the standards that prevailed at the founding, the Court insists that the standards of American society have evolved such that the Constitution now requires its prohibition. The news of this evolution will, I think, come as a surprise to the American people."
link (http://liveshots.blogs.foxnews.com/2010/05/17/scotus-juvenile-sentencing-law-struck-down/)
Justice Anthony Kennedy has the opinion of the Court. In it he writes that "The inadequacy of penological theory to justify life without parole sentences for juvenile nonhomicide offenders, the limited culpability of such offenders, and the severity of these sentences all lead the Court to conclude that the sentencing practice at issue is cruel and unusual."
Florida is the state with the most juvenile offenders (77) with life/no parole sentences and that is where this case comes from.
Kennedy says a categorical rule making such a sentence unconstitutional is necessary because otherwise "a court or jury will erroneously conclude that a particular juvenile is sufficiently culpable to deserve life without parole for a nonhomicide. It also gives the juvenile offender a chance to demonstrate maturity and reform."
The Court opinion also makes note of the fact the United States is the only country in the world that had allowed such a sentence. "While the judgments of other nations and the international community are not dispositive as to the meaning of the Eighth Amendment, the Court has looked abroad to support its independent conclusion that a particular punishment is cruel and unusual."
Justices Clarence Thomas, Antonin Scalia and Samuel Alito are in dissent. Chief Justice John Roberts agreed that the juvenile sentenced in this case, Terrance Graham, was excessive. He disagrees with the ruling that says all life without parole sentences for juveniles are cruel and unusual.
Justice Thomas writes that "Although the text of the Constitution is silent regarding the permissibility of this sentencing practice, and although it would not have offended the standards that prevailed at the founding, the Court insists that the standards of American society have evolved such that the Constitution now requires its prohibition. The news of this evolution will, I think, come as a surprise to the American people."
link (http://liveshots.blogs.foxnews.com/2010/05/17/scotus-juvenile-sentencing-law-struck-down/)