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South African court declares juve mandatory sentences unconstitutional

By Douglas A. Berman

A notable ruling yesterday from an intermediate appellate court in South Africa ought to interest not only comparative sentencing scholars, but also anyone interested in debates over whether international law ought to influence Eight Amendment interpretations in the United States.  This news article, headlined "Minimum sentences for child offenders unconstitutional," provides the details: The Pretoria High Court today handed down a judgment declaring certain aspects of the minimum sentences legislation to be unconstitutional. The law currently provides that young offenders who are 16 or 17 years of age must be sentenced according to the minimum sentences law when they are convicted of very serious crimes. These sentences include life imprisonment or very long sentences such as 20 years in prison...continue to full post

Full post as published by Sentencing Law and Policy on November 05, 2008 (boomark / email).