US Supreme Court bans mandatory life terms for youths

EnglishLady

Veteran Expediter
BBC

Mandatory sentences of life in prison without parole for juvenile offenders violate the US constitution, the Supreme Court has ruled.

The court on Monday threw out the life sentences of two men convicted as boys of murders in Arkansas and Alabama.

In both cases, state law mandated judges to impose life without parole.

In a 5-4 decision, the court ruled mandatory life sentences for juvenile convicts violated the constitution's bar on "cruel and unusual punishment".

"By making youth (and all that accompanies it) irrelevant to imposition of that harshest prison sentence, such a scheme poses too great a risk of disproportionate punishment," Justice Elena Kagan wrote for the court.

Justice Kagan was joined in the majority by Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor, who are considered the court's liberal wing, along with Justice Anthony Kennedy, who is typically seen as a swing vote.

In 1999, Kuntrell Jackson, then 14, and other boys were trying to rob a video store in the state of Arkansas when another boy shot and killed a clerk.

Jackson was tried as an adult and convicted of capital murder. Under Arkansas law, he received a mandatory sentence of life imprisonment without parole.

Evan Miller was 14 in 2003 when he and another boy in Alabama beat a man with a baseball bat and set his trailer on fire, killing him. He was convicted of murder in the course of arson and received a mandatory sentence of life in prison without parole.

The court on Monday declined to go a step further and categorically bar all sentences of life without parole for juveniles.

In a dissent, Chief Justice John Roberts wrote that mandatory life sentences for juveniles are so common across the US that the sentence cannot reasonably be considered "unusual" and thus unconstitutional.

"Our society has moved toward requiring that the murderer, his age notwithstanding, be imprisoned for the remainder of his life," he wrote.

"Members of this Court may disagree with that choice. Perhaps science and policy suggest society should show greater mercy to young killers, giving them a greater chance to reform themselves at the risk that they will kill again. But that is not our decision to make."

Justice Roberts was joined by Justices Antonin Scalia, Clarence Thomas and Samuel Alito, who form the court's conservative wing.
 

Turtle

Administrator
Staff member
Retired Expediter
OK, the kid who robbed the video store shouldn't have been given a mandatory life sentence, especially since he didn't pull the trigger, but the kid who beat the man with a baseball bat and then set the man's trailer on fire should. The first can be chalked up to teenager, and all that comes with it, but the second is pure cold, calculating evil.

However, it amazes me how Chief Justice John Roberts could use such a common - and lame - fallacy to interpret Constitutional law. "Mandatory life sentences for juveniles are so common across the US that the sentence cannot reasonably be considered "unusual" and thus unconstitutional." Really? Seriously? Because everybody does it, because it happens a lot, that makes it OK? Really, judge? There was a time when feeding Christians to lions was so common that it wasn't considered unusual, too. There was a time when hanging black people in the South for fun and relaxation was so common that it wasn't the least bit unusual.

This is the top judge of the top judges. OMG.
 

EASYTRADER

Expert Expediter
Turtle,
Buy a dictionary, Roberts was exactly right. These youthes should not have been given LIFE, they should have been given death.

Sent from my GT-P3113 using EO Forums
 

Turtle

Administrator
Staff member
Retired Expediter
I'll buy a dictionary and look up whatever you want me to, if you buy a textbook on English Comprehension and read it. Justice Roberts' comment wasn't about LIFE or DEATH, it was about the commonality of mandatory sentences being the justification for their Constitutionality.
 
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