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SCOTUS finds Eighth Amendment problem with juve LWOP in Graham

By Douglas A. Berman

The Supreme Court has handed down its biggest Eighth Amendment ruling in non-capital cases in a long time, and it is a victory for the defendant.  Here is what SCOTUSblog has to say so far: The Court, in an opinion again written by Kennedy, rules that it is unconstitutional to sentence a juvenile offender to life in prison without parole when the crime does not involve murder. The opinion is based on the Eighth Amendment's ban on "cruel and unusual" punishment. The vote is 6-3, reversing and remanding Graham v. Florida. Justice Thomas dissents, joined by Scalia and in part by Alito. Alito dissents in an opinion for himself. Justice Stevens concurs, joined by Ginsburg and Sotomayor, even though the three of those Justices also joined the Kennedy majority opinion...continue to full post

Full post as published by Sentencing Law and Policy on May 17, 2010 (boomark / email).