Supreme Court Rules that Life Sentences without Parole for Juveniles Are Unconstitutional

The U.S. Supreme Court held yesterday (6-3) that the Eighth Amendment’s prohibition of cruel and unusual punishment does not permit the imposition of a life sentence without the possibility of parole for juveniles who commit non-homicide offenses.

In his majority opinion, Justice Anthony Kennedy, in balancing the severity of the sentence against the offender’s culpability, noted that life without parole, a particularly severe sentence that takes away the most basic of liberties with almost no hope of restoring them, is especially harsh for juveniles. He wrote that “under this sentence a juvenile offender will on average serve more years and a greater percentage of his life in prison than an adult offender. A 16-year-old and a 75-year-old each sentenced to life without parole receive the same punishment in name only.”

“This is a significant victory for children. The Court recognized that it is cruel to pass a final judgment on children, who have an enormous capacity for change and rehabilitation compared to adults,” said Bryan Stevenson, executive director of the Equal Justice Initiative. “I am very encouraged by the Court’s ruling. It’s an important win not only for kids who have been condemned to die in prison but for all children who need additional protection and recognition in the criminal justice system.”

The case, Graham v. Florida, involved Terrance Jamar Graham, who violated parole at age 17 by helping to rob a Jacksonville restaurant and was sentenced, without a trial, to life without parole.

There are currently 129 people who are serving life sentences without parole after being convicted as minors.  The Court’s decision does not guarantee release or even re-sentencing, but does require that the state provide them with the opportunity to prove, at some point in the future, that they are (in the words of the Court) “fit to rejoin society.”

Justices Antonin Scalia, Clarence Thomas, and Samuel Alito dissented from the opinion. Chief Justice Roberts filed a opinion concurring in the judgment.  For procedural reasons, the Court declined to rule in another juvenile justice case, Sullivan v. Florida, in which a juvenile was sentenced to life in prison without the possibility of parole at the age of 13.