GreekChat.com Forums  

Go Back   GreekChat.com Forums > General Chat Topics > News & Politics
Register FAQ Community Calendar Today's Posts Search

» GC Stats
Members: 329,739
Threads: 115,667
Posts: 2,205,089
Welcome to our newest member, aellajunioro603
» Online Users: 2,046
0 members and 2,046 guests
No Members online
 
 
Thread Tools Display Modes
Prev Previous Post   Next Post Next
  #1  
Old 05-17-2010, 02:08 PM
DaemonSeid DaemonSeid is offline
GreekChat Member
 
Join Date: May 2007
Location: In a house.
Posts: 9,564
SCOTUS strikes down juvenile sentencing law

In a 5-4 ruling, the Supreme Court ruled Monday that juvenile criminals cannot be sentenced to life in prison with no chance at parole for crimes other than homicide because it violates their Eighth Amendment right against Cruel and Unusual Punishment.

Justice Anthony Kennedy has the opinion of the Court. In it he writes that "The inadequacy of penological theory to justify life without parole sentences for juvenile nonhomicide offenders, the limited culpability of such offenders, and the severity of these sentences all lead the Court to conclude that the sentencing practice at issue is cruel and unusual."

Florida is the state with the most juvenile offenders (77) with life/no parole sentences and that is where this case comes from.

Kennedy says a categorical rule making such a sentence unconstitutional is necessary because otherwise "a court or jury will erroneously conclude that a particular juvenile is sufficiently culpable to deserve life without parole for a nonhomicide. It also gives the juvenile offender a chance to demonstrate maturity and reform."

The Court opinion also makes note of the fact the United States is the only country in the world that had allowed such a sentence. "While the judgments of other nations and the international community are not dispositive as to the meaning of the Eighth Amendment, the Court has looked abroad to support its independent conclusion that a particular punishment is cruel and unusual."

Justices Clarence Thomas, Antonin Scalia and Samuel Alito are in dissent. Chief Justice John Roberts agreed that the juvenile sentenced in this case, Terrance Graham, was excessive. He disagrees with the ruling that says all life without parole sentences for juveniles are cruel and unusual.

Justice Thomas writes that "Although the text of the Constitution is silent regarding the permissibility of this sentencing practice, and although it would not have offended the standards that prevailed at the founding, the Court insists that the standards of American society have evolved such that the Constitution now requires its prohibition. The news of this evolution will, I think, come as a surprise to the American people."

link
__________________
Law and Order: Gotham - “In the Criminal Justice System of Gotham City the people are represented by three separate, yet equally important groups. The police who investigate crime, the District Attorneys who prosecute the offenders, and the Batman. These are their stories.”
Reply With Quote
 


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Chico Sentencing...An Update DeltAlum Risk Management - Hazing & etc. 11 11-03-2008 11:15 AM
Genarlow Wilson's Tragic Sentencing for Consensual Oral Sex DaemonSeid News & Politics 26 06-27-2007 09:42 PM
Texas Judge throws party in courtroom for sentencing IowaStatePhiPsi News & Politics 8 10-27-2004 11:06 AM
Review: Juvenile felis catus IowaStatePhiPsi Cool Sites 3 10-12-2004 12:31 PM
Warning! This is very juvenile! Dionysus Chit Chat 13 04-15-2004 10:52 AM


All times are GMT -4. The time now is 10:21 AM.


Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2025, vBulletin Solutions Inc.