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Juveniles Facing Life in Prison Challenging Sentencing Based Upon Cruel and Unusual Punishment Provision of United States Constitution

By Walin & Klarich

It was reported in the Los Angeles Daily Journal recently that there are over 2,000 juveniles in custody facing life sentences without the possibility of parole in the United States at this time. Two cases pending before the United States Supreme Court challenge the constitutionality of these harsh sentences for juvenile crimes. In 2005, the US Supreme Court ruled that a person could not be executed if they were found guilty of committing a crime prior to their 18th birthday. It was deemed by the court, in Roper vs. Simmons, that to execute a juvenile was ?cruel and unusual punishment and thus banned by the constitution. The five justice majority, in an opinion by Justice Kennedy relied upon ?international norms and foreign practices? in its ruling...continue to full post

Full post as published by Southern California Criminal Defense Blog on June 18, 2009 (boomark / email).