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Criminal Law

: Sentencing Law and Policy

Effective review of how Florida is dealing with the aftermath of SCOTUS Graham ruling

By Douglas A. Berman

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Today's Miami Herald has this effective and interesting piece discussing how the state is trying to deal with the Supreme Court's Eighth Amendment ruling in Graham concerning juve LWOP sentence for nonhomicide crimes. The article is headlined "Ruling on young, violent lifers puts Florida justice on the spot," and here are excerpts: Kyan Bucknor was 15 in 1999 when he shot two patrons and unleashed a volley of bullets into Broward Sheriff's Office deputy Al Hibbert outside a Lauderdale Lakes nightclub. The teen's sentence: life in prison. But Bucknor, now 26, will get a reprieve thanks to a May U.S. Supreme Court decision banning life-without-parole sentences for juveniles who did not kill anyone. The ruling left Florida in a quandary: For undeniably violent crimes, what is an appropriate alternative sentence in a state that has no parole system? Bucknor is one of 23 South Florida men -- among 100-plus statewide, the most in the nation -- who must now be resentenced under the Graham v...continue to full post

Full post as published by Sentencing Law and Policy on September 26, 2010 (boomark / email).