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United States Supreme Court Rules that the Eighth Amendment is Violated When Juveniles are Sentenced to Life Without the Possibility of Parole for Non-Homicide Crimes

By Walin & Klarich

In Graham v. Florida, No. 08-7412, the United States Supreme Court held that the Eighth Amendment bars sentences of life without parole for juveniles not convicted of a homicide offense. The Eighth Amendment prohibits cruel and unusual punishment. In Graham, Graham was 17 years old when he participated with two 20 year olds in an armed and violent home invasion robbery. When he was 16, he had been convicted of participating in an armed burglary and robbery in which a restaurant manager was beaten. That prior offense had a maximum possible penalty of life imprisonment. Graham was given probation. However, after his second offense, the judge revoked his probation and imposed the maximum life sentence for the offense he committed when he was 16...continue to full post

Full post as published by Southern California Criminal Defense Blog on May 19, 2010 (boomark / email).