In 2009 the US Supreme Court heard arguments in the cases of Graham v. Florida and Sullivan v Florida, both dealing with non-homicidal crimes committed by the petitioners before the age of 18 and for which they were sentenced to LWOP (life imprisonment without parole). Life without parole means that a juvenile––possibly of any age in certain states––can be tried as an adult and sentenced to live out his or her life in prison and die there without any chance of release. The question before the court is whether sentencing a youth to life in prison without any chance of review or release constitutes a violation of the Constitution.
The Graham and Sullivan Cases
According to the Statement of Case, Terrence Graham, the petitioner in Graham v Florida, was convicted of being an accomplice in an armed robbery committed when he was 16. He pled guilty to the crime and was sentenced to three years probation after some jail time. Under his plea agreement, Graham waived any right to be sentenced as a "juvenile" or "youthful offender" under Florida law. Later, Graham's probation officer reported him for probation violations that included possession of a firearm, robbery and fleeing police, and association with individuals engaged in criminal activity. He admitted to the charge of fleeing, and based on a "preponderance of evidence" for the other crimes was sentenced to life in prison without parole.
Joe Sullivan was arrested at age 13, in 1989, and tried as an adult for "sexual battery." The Statement of Case does not go into as much detail as the Graham case, but other information describes his crime as rape of an elderly woman. He was sentenced to life without parole.
The Eighth Amendment and Capital Punishment for Juveniles
Part of the original Bill of Rights, the Eighth Amendment of the Constitution states,
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
In a 5-4 decision in 2005, the Supreme Court held that the death penalty for crimes committed before the age of 18 violated the Eighth Amendment. As quoted in the Washington Post on March 2, 2005, Justice Anthony Kennedy said, "From a moral standpoint, it would be misguided to equate the failings of a minor with those of an adult, for a greater possibility exists that a minor's character deficiencies will be reformed."
Part of the argument against LWOP for juveniles is that the same reasoning should apply by extension to any sentence that does not take these "greater possibilities" for reform into account. Also, arguments for the petitioners pointed to a "Scientific Consensus on Adolescent Development" that juveniles did not have the capacity to make "mature and responsible decisions" and were "susceptible to risk-taking impulses and negative peer influences."
LWOP for Juveniles in the US and the World
According to a report at the University of San Francisco School of Law website, when Israel began granting parole review in 2008 to juveniles sentenced to life imprisonment, it left the United States as the last country sentencing youth to life without parole for crimes committed under the age of 18. According to a November 2007 report by The Center for Law and Global Justice and the Frank Newman International Human Rights Law Clinic, at that point 2388 individuals around the world were serving LWOP sentences for crimes committed as juveniles. Seven were serving in Israel and 2381 in the United States.
Crime and Justice News Report from 2010 mentions 45 US states where judges can transfer juvenile cases to adult court. In 15 states judges are required to try juveniles as adults for certain crimes. Some believe the UN Convention on the Rights of the Child that the US signed in 1995 prohibits LWOP for juveniles under international law by proclaiming the right of those under 18 "to life, survival and development."
Sources:
Leighton, Michelle. Report on Human Rights Violations: Sentencing Our Children to Die in Prison. Global Law and Practice. November, 2007.
Lane, Charles. 5-4 Supreme Court Abolishes Juvenile Executions. The Washington Post. March 2, 2005.
More States Ponder Ending Teen Life Terms; Prosecutors Dissent. The Crime Report. March 16, 2010.
Graham v. Florida, Docket No. 08-7412 American Bar Association Preview of United States Supreme Court Cases.
Sullivan v. Florida, Docket No. 08-7621 American Bar Association Preview of United States Supreme Court Cases
Nannette Croce - Nannette Croce is a writer and editor who has worked with online publications for more than ten years, most recently as Co-Managing Editor ...
