Showing newest posts with label EIGHTH AMENDMENT. Show older posts
Showing newest posts with label EIGHTH AMENDMENT. Show older posts

Friday, May 21, 2010

EIGHTH AMENDMENT PROHIBITS LIFE SENTENCE FOR JUVENILES

The U.S. Supreme Court has held that the Eight Amendment requires that life sentences imposed upon non-homicidal juveniles must provide a realistic opportunity to obtain release. In Graham v. Florida, the Court held that the Eighth Amendment's proportionality principles require such a rule.

Graham, a Florida citizen who had multiple run ins with the law as a juvenile, had been sentenced to life in prison, without the possibility of parole, for multiple burglaries which all occurred while he was under 18.

This case creates a bright line rule that juveniles, who do not commit homicide, must have a realistic chance of eventual release if they are sentenced to serve life in prison. Only Justices Scalia, Thomas, and Alito dissented from the Court's eventual holding (although there were multiple concurring opinions).