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Young killer in Michigan making Graham-inspired constitutional argument against LWOP sentence

By Douglas A. Berman

This local story from Michigan, which is headlined "Life in prison for Eliason: ?cruel and unusual??," has me thinking a lot of (deep?) thoughts about the interplay between federal constitutional jurisprudence and state punishment practices.  Lets begin with the basics: In an unexpected turn of events, sentencing planned for Monday morning for 15-year-old Dakotah Eliason ? found guilty of first degree murder in August ? was postponed until the end of the month. An adjournment came after the defense argued the sentence of life without parole could be considered cruel and unusual punishment under the Eighth Amendment of the Constitution. ?The court is imparted to impose a mandatory sentence in this case of life without parole,? defense attorney Lanny Fisher told the court...continue to full post

Full post as published by Sentencing Law and Policy on October 06, 2010 (boomark / email).