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Life Without Parole For Minors

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Abstract
Life without parole for minors has been ruled as a form of cruel and unusual punishment. There are multiple cases that will be talked about in the paper to explain why it is considered cruel and unusual, as well as the importance of each of these cases in relation to one another. Another important aspect that will be looked at is the resentencing of individuals who were sentenced to life without parole who now need to have their cases reviewed. These few important cases make a large impact on the criminal justice system every day. Key words: Cruel and unusual punishment, life without parole, resentencing.

Throughout the years there have been a few landmark cases involving the sentencing of juveniles to life …show more content…

The first of the three differences are that juveniles are immature and don’t have a sense of responsibility. Secondly, juveniles are easily able to be swayed and listen to any peer pressure that is surrounding them. Lastly, the personal characteristics of a juvenile aren’t completely put together as well as adults are, leading to these individuals who commit a crime while they are a juvenile to be less eligible for the death penalty (CITATION).
Graham v. Florida 130 S.Ct. 2011 (2010) Five years after Roper v. Simmons, this case decided that it is unconstitutional to give a non-homicide juvenile offender a sentence of life without parole without the chance of being able to mature and obtain rehabilitation if necessary (CITATION). A brief overview of this case involves a sixteen-year-old and three accomplices attempting to rob a restaurant. Graham was then prosecuted as an adult to the crime in which he pled guilty to and the result was that he received three years of probation. During his time on probation he was arrested again for armed burglary and attempted armed robbery. Because the crime was committed in Florida, he could either receive a minimum sentence of five years or a maximum sentence of life without parole. He was sentenced to the maximum for each charge which in turn was a sentence of life without parole.

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