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Supreme Court Weighs Juvenile Life Sentences
Alex Kingsbury
Should juvenile offenders face life behind bars?
Nationwide, there are more than 2,200 juveniles serving sentences of life without parole. That figure includes dozens of children as young as 13 years old. Four years ago, the
The court's death penalty ruling was based on two key principles: Minors are not as culpable for their crimes as adults are, and it is possible for youths to reform. The court held that their execution would therefore be "cruel and unusual punishment," which is banned by the Eighth Amendment. The same logic should be applied for
At the age of 16, Graham and an accomplice robbed a restaurant, a crime for which he served a year behind bars. In 2004, at age 17, he was sentenced to life without parole after he violated the terms of his probation by committing another robbery, this time with a gun.
Legal experts say these two examples of life sentences for juveniles are particularly noteworthy. "What separates these cases from cases of life sentences for [other] children is that they received the sentences for crimes short of homicide," says
Supporters of such sentences say those who commit crimes should face the full penalty, regardless of their age. "Outside of capital punishment, this court has never exempted a whole class of offenders from a particular category of punishment on the ground that it would be cruel and unusual," the
The arguments also could touch on one of the most politicized aspects of constitutional law--the applicability of foreign precedent. A critical component of the Eighth Amendment relies on the "evolving standards of decency" in a mature society. In the death penalty case, the court used this criterion in part to reverse earlier precedent.
At least 135 countries have expressly rejected life sentences for juveniles, according to
During the confirmation hearings for Justice
The conservative
Reader Comments
If the child was not convicted of murder or attempted murder, I see no justification for a life sentence. I think it makes more sense for the child and the American taxpayer to attempt to reform a child and make them a law abiding, productive citizen. It would cost more to keep them in jail for life. If the attempt at reform fails then fine, keep them in jail. But to not even give these kids a chance is just plain stupid. Many kids are victims of circumstance and if given the tools to succeed they would.
Comment by Alice of AR
&nsbp;
Comment by
&nsbp;
Children do not fully develop mentally until their twenties; therefore they cannot even be considered an adult. Though, those who cannot be reformed and continue to be a social disruption should not have a place in society, that does not mean we should give up on our impressionable youth. I personally believe the government should reinforce youth rehabilitation centers, because crime should be treated as an addiction. Addiction is a formed habit, as is something a child learns when they're young, which in this case is crime.
Comment by
&nsbp;
I am ashamed to be [a citizen of] one of two countries that didn't sign a United Nation treaty to forbid life imprisonment of children without parole. And what are the "qualitative differences between the U.S. and other countries" when it comes to denying children the possibility of rehabilitation? Isn't it criminal and cruel and unusual punishment to lock up children for life (those who didn't take a life)? It's not asking for forgiveness of the crime but for some compassion for lives barely lived.
Comment by
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Supreme Court Weighs Juvenile Life Sentences | Alex Kingsbury
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