High court rules out life sentences for juveniles

[IScreamSundays]

Source: Seattle Times

The Associated Press
WASHINGTON —
The Supreme Court has ruled that teenagers may not be locked up for life with no chance of parole if they haven't killed anyone.

By a 6-3 vote Monday, the court says the Constitution requires that young people serving life sentences must at least be considered for release.

end>

Read more: http://seattletimes.nwsource.com/html/politics/2011885864_apussupremecourtjuvenilesentences.html

[no limit]

1. We were locking up teens for life after they didn't kill anyone?

[activa8tr]

2. Yes, that's a surprise for me, but I guess if they were part of

a capital conspiracy group, (robbery or other felony while one OTHER member of the group kills), I suppose it could happen.

I think the concept of ANY one under about 18 being forced to serve a life sentence without the possibility of parole, 40-60 years from the crime date, sounds overly harsh to me. Children of 17 do not have the same mind as adults, and, although they can be just as deadly, we have many adults who serve sentences much shorter than life without parole. Why sentence killer kids to life without parole?

[benny05]

5. If you read the opinion

From the SCOTUS website:

Petitioner Graham was 16 when he committed armed burglary and another crime. Under a plea agreement, the Florida trial court sen-tenced Graham to probation and withheld adjudication of guilt. Sub-sequently, the trial court found that Graham had violated the termsof his probation by committing additional crimes. The trial court ad-judicated Graham guilty of the earlier charges, revoked his proba-tion, and sentenced him to life in prison for the burglary. Because Florida has abolished its parole system, the life sentence left Graham no possibility of release except executive clemency. He challenged his sentence under the Eighth Amendment’s Cruel and Unusual Pun-ishments Clause, but the State First District Court of Appeal affirmed.

http://www.supremecourt.gov/opinions/09pdf/08-7412.pdf

Now, here's the more interesting part: the vote--

KENNEDY, J., delivered the opinion of the Court, in which STEVENS, GINSBURG, BREYER, and SOTOMAYOR, JJ., joined. STEVENS, J., filed a concurring opinion, in which GINSBURG and SOTOMAYOR, JJ., joined. ROBERTS, C. J., filed an opinion concurring in the judgment. THOMAS, J., filed a dissenting opinion, in which SCALIA, J., joined, and in which ALITO, J., joined as to Parts I and III. ALITO, J., filed a dissenting opinion.

Kennedy was the swing vote on this one and Roberts joined with them. The usual death penalty crowd, Scalia, Thomas, and Alito, were the dissenters.

[dipsydoodle]

6. A bi-product of your 3 strikes rule ?

Isn't it ?

[customerserviceguy]

11. Yes, so the youth

gets one more crime before you can put him away for life.

[IScreamSundays]

10. I never knew that either. nt

[Judi Lynn]

3. High Court Bars Life Sentences for Youths for Non-Murder Crimes

High Court Bars Life Sentences for Youths for Non-Murder Crimes
By Greg Stohr

May 17 (Bloomberg) -- Youths can’t be sentenced to life in prison without parole unless they are convicted of murder, a divided U.S. Supreme Court ruled in a decision that may mean shorter jail terms for scores of inmates.

The ruling, which divided the court along ideological lines, extends a 2005 decision that outlawed the execution of murderers who were under 18 at the time of the crime. The case concerned the constitutional ban on cruel and unusual punishment.

The case is Graham v. Florida, 08-7412.

http://www.bloomberg.com/apps/news?pid=20601103&sid=a2s.ag67OPJQ

[Vattel]

4. This is huge!

As someone who has followed eighth amendment SCOTUS cases for years, this is an important decision. Scalia and Thomas (mistakenly) think that there is no proportionality requirement in the eighth amendment "cruel and unusual" clause. So I assume they voted on the wrong side of this one.

[Vattel]

7. The reason this is important

is that every case where some kind of proportionality requirement on the eighth amendment is endorsed creates another precedent that can be used by a future, more humane, court to rule that huge sentences for minor crimes (e.g., drug possession) violates the eighth amendment.

[elleng]

8. VERY HAPPY to see this.

[jaxx]

9. This is good news.

I have never thought a juvenile should be tried as an adult or given life imprisonment. They may think they're the smartest thing walking as a teen, but their thought processes rarely go beyond today and the cost of tomorrow.

[cory777]

12. Supreme Court Rules Juveniles Cannot Serve Life in Prison for Lesser Crimes

Source: McClatchy Newspapers

Washington - A divided Supreme Court on Monday said Florida and 36 other states cannot sentence juveniles to life in prison without parole for non-homicide crimes.

In a much-anticipated decision, five of the court's nine justices agreed the rigid life sentences for juveniles violated the constitutional ban on cruel and unusual punishment. The court's majority reasoned that sentences should be calibrated to fit juveniles’ diminished "moral culpability."

"None of the goals of penal sanctions that have been recognized as legitimate — retribution, deterrence, incapacitation and rehabilitation — provides an adequate justification," Justice Anthony Kennedy wrote for the majority.

The ruling in the case involving convicted Jacksonville burglar Terrance Jamar Graham affects California, Georgia, North Carolina, Washington and the other states whose statutes permit the life sentences for juveniles. Florida, though, will face the biggest impact.

Of 129 juvenile offenders currently serving life

Read more: http://www.truthout.org/supreme-court-rules-juveniles-cannot-serve-life-prison-lesser-crimes59574

[Bragi]

13. What, you can't send kids to jail for life!

In the world's number one jailing country, you can't just take away the right of the state to send kids to jail for life. America cares about its youth, it needs to be able to send them to jail forever.

- B

[hlthe2b]

15. How's the corporate prison industry going to make their $$$$?

:sarcasm:

[Unvanguard]

14. 6-3. Well done, SCOTUS.

Though this ruling does not go far enough.

[DesertDiamond]

16. I totally agree! I believe in no life sentences for minors, even for murder.

Rehabilitate them instead. Oh wait, that would cut into the privatized prison systems' profits, wouldn't it?

[DesertDiamond]

17. I'm appalled that this ever even existed to be ruled on.

[Unvanguard]

18. Me, too, I remember being amazed when I heard about the oral argument.

"Wait, this is actually being discussed?"

[msanthrope]

19. Interesting. I bet florida will followup with 40 year sentences. n/t

[Dappleganger]

20. Angela Corey got her butt kicked again!

Serves her right, too!

There's maybe 100 people in the entire US (how many are juvenile?) serving non-homicide LIFE sentences, with 78 of those here in FL. There is something in the FL judicial system which STINKS and needs to be knocked back to zero again. FL law SUCKS and constantly victimizes its people and needs to be changed!

[SpartanDem]

21. Good on the SCOTUS to bring some sanity

to these overly punitive laws.

[happyslug]

22. Here is the opinion

http://www.supremecourt.gov/opinions/09pdf/08-7412.pdf

KENNEDY, J., delivered the opinion of the Court, in which STEVENS, GINSBURG, BREYER, and SOTOMAYOR, JJ., joined.

STEVENS, J., filed a concurring opinion, in which GINSBURG and SOTOMAYOR, JJ., joined.

ROBERTS, C. J., filed an opinion concurring in the judgment.

THOMAS, J., filed a dissenting opinion, in which SCALIA, J., joined, and in which ALITO, J., joined as to Parts I and III.

ALITO, J., filed a dissenting opinion.

Thus this is a 4-1-1-2-1 Decision. Roberts opinion is probably his failed attempt to write the Majority Opinion in such a way as to minimize the decision.