Thursday, March 24, 2011

Court Cases

There have been a few court cases involved with life imprisonment without parole of juveniles. One of the Major cases involved in this debate is Graham v Florida. In this case a 16 year old male was convicted of armed burglary and armed robbery. He was found guilty and the judge proceeded to sentence him to 12 months in jail. Six months after he was released from jail, at age 17 and a 1/2,  he was convicted of armed home robbery. The judge didn't hesitate to put him in jail for life without the chance of parole. Graham later argued that his conviction was cruel and unusual and therefore violated the 8th amendment. The state of Florida argued against this for obvious reasons. The Supreme Court, after they considered both the punishment and the class of the punished (juvenile), decided that life in prison was indeed a punishment too cruel and unusual for a non homicide and therefore violated the 8th Amendment. This case has affected the lives of many people both already in jail and sentenced to jail time. It has become that backbone for the cases of many people wishing to relieve themselves of their sentences. People who were sentenced at a young age for life are now having there sentences shortened.  There are many cases that are now being reconsidered because of this one child's strength. 


The backbone for the Graham v Florida case was the Roper v Simmons case. This was one of the original cases protecting juveniles. It was held in 1993 but was not closed until 2002. Christopher Simmons was sentenced to the death penalty at the young innocent age of 17. He wet through a series of appeals and rejections on his case until 2002 when the Supreme Court decided to temporarily delay the case until they had come to a conclusion about the Atkin v Virginia case. Once a conclusion was reached, which stated that because the offender in this case was mentally ill it was against the 8th Amendment to sentence him with the death penalty, the Supreme Court could look at the Roper v Simmons case and provide it with appropriate attention. Studies from 1989 showed that the general public felt that the execution of minors was appropriate. This was first reevaluated when Atkin's case came into public view and yet again when Simmons came into view of the Supreme Court. New studies then found that the general public didn't believe in sentencing a mentally ill or a juvenile with the death penalty. They now felt that the execution of minors is wrong. The Supreme Court later voted on the case and in a 5-4 vote they decided that because of the new public decency standards sentencing a minor with the death penalty is now unconstitutional. It breaks the 8th Amendment of cruel and unusual punishment. This case was the first stepping stone towards the appropriate treatment of minors. Cases for years to come used this one case as the backbone of their argument. It had and still has a huge effect on minors around the world. They are no longer allowed to be given the death penalty, everything changed for the better.       

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