Juvenile Life Without Parole

On Monday, November 9th, 2009, the United States Supreme

Court will hear oral arguments in two separate cases that

involve life without possibility of parole given to youth. It

is important to note that the Court elected not to join these

two cases but has scheduled them separately, one at 10 and

the other at 11 am.

An article on a blog that deals with the United States Supreme

Court provides both the background of each case and the points

that were addressed in the briefs as well differences between

them.

One youth, Terrance Graham, was 17 when he violated his parole

(he had been given jail time plus 3 years of probation for serious

felonies.) He was arrested shortly after being released from jail for

another felony (home-invasion robbery) with an admission of

having committed other robberies as well. The arrest led to his life

without possibility of parole sentence. The sentencing judge made

reference to Graham's having gotten another chance when he was

given the short jail sentence and the three years' probation but had

not demonstrated that he planned to turn his life around and therefore

was a detriment to the safety of the community.

Joe Sullivan was 13 when he and two others broke into the home of an

elderly woman and burglarized it. Joe and one of the other youths

returned to the woman's home later that day and sexually assaulted

her. The woman required surgery because of vaginal injuries.

Joe had 17 prior crimes over a two-year period and had spent time

in a juvenile detention facility. What is important to note about the Sullivan

case is that he was convicted without the woman's being able to

specifically identify him. She had a hood over her head and only had a

somewhat hazy recollection of his voice.

In addition his trial lawyer was later disbarred and had claimed

there were no issues for an appeal. All evidence in the case had

been destroyed and some years later an attempt to use DNA to

prove his innocence was not possible.

Because they raise different questions relating to the Eight

Amendment, it is possible that the Court may not issue a

blanket holding that allows or disallows life without parole

for a juvenile. Only time will tell.

Should life without parole be allowed for a juvenile sentence?