Tuesday, May 18, 2010

Court rules on juveniles and life without parole

The United States Supreme Court has ruled that giving a juvenile a sentence of life without the possibility of parole for any non-homicide violates the 8th Amendment.

While it is possible that Graham the youngster in the case will probably be sentenced to 40 years, knowing that he has the possibility of gaining parole makes a tremendous difference to an inmate.

Young people tend to act on impulse and most of their crimes (non gang related) lack premeditation. Thus the Court recognizes that there is a difference in the sentence that a youth should receive from that given to one who is past the age of majority.

It is interesting to note that Florida is the state that most often used life without parole as a sentence for youth who commit heinous crimes. Hopefully juries and
sentencing judges will begin to consider the immaturity of the offender in determining the punishment. Substantial punishment is reasonable but consideration about a person's redemption must also be a factor.

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