While taking Juvenile Law earlier this quarter, I was introduced to a documentary entitled, "Juvies" http://www.juvies.net/videoclips/index.html. This powerful documentary follows the stories of several California juvenile offenders who were tried and sentenced as adults for crimes in which they were minimally involved in. I invite you to visit the link listed above to view clips of some of their stories.
On Monday, November 9, 2009 the Supreme Court will hear oral arguments in two separate cases involving juveniles sentenced to life in prison for crimes in which the victim was not killed. I would like to review one of the cases, Graham v. Florida, Docket No. 08-7412. In 2003, Terrance Graham and his friends attempted to rob a barbecue restaurant. When the owner refused to hand over the money, the owner was assaulted with a steel bar. Terrance fled the scene but was later arrested and charged as an adult with one count of burglary with an assault, a first degree felony which carries a maximum sentence of life in prison and with one count of attempted armed robbery, a second degree felony. Terrance was given a lenient sentence of 3 years on probation with 9 months in county jail.
Six months after getting out of jail, he was arrested and charged with home invasion robbery and for eluding police. He was also charged with violating his probation from the first crime. During questioning, Terrance admitted to police that he had been involved with other robberies, as well. The judge admonished Terrance for throwing away the opportunity he was given by the leniency of his first sentence and stated that he had no choice but to sentence him to life without the possibility of parole in order to protect the community.
Both the Florida Court of Appeals and the Florida Supreme Court refused review of the case. On November 20th, 2009, Terrance Graham's lawyers asked the Supreme Court to hear the case and posed the following question: "Is it cruel and unusual punishment under the Eighth Amendment to impose a sentence of life in prison without a chance of parole for a juvenile who committed a crime in which the victim was not killed".
The second case that will be heard tomorrow is, Sullivan v. Florida, Docket No. 08-7621 and involves a similar case but this plaintiff was 13 at the time he was tried and sentenced as an adult. Instead of summarizing this case I invite you to read a full summary of both cases at the following link, http://www.scotusblog.com/wp/.
The 2005 Supreme Court case, Roper v. Simmons ruled out the death penalty for a juvenile committing murder. In effect, does a life sentence without the possibility of parole equate to a loss of life? I will be anxiously awaiting the Court's decision on this case. Next week is our last blog entry and I plan to read the oral arguments in these cases and bring you more information.
No matter how I tried I couldn't remove the 2nd photo! Where is Christie Thomas when you need her??? Just kidding!
ReplyDeleteI have a hard time understanding how courts can even consider sentencing a juvenile to life without parole. I understand that sometimes even juveniles commit crimes that are horrible, and no they should not just get away with it, but this seems extreme. How can a thirteen year old truly understand the consequences of his actions and be held responsible in the same way as an adult?
ReplyDeleteMy youngest brother is a prison guard at a maximum security prison in California. He sees first-hand, day after day, the failure of many areas in our society regarding equity. So many of the people in his prison went to some of the worst schools (people want public education but aren't willing to fund it), have lived in the most economically-depressed areas, etc., etc., etc. One problem is that most prisons have eliminated any attempt at rehabilitation and/or education. Then when prisoners are released after serving their time, they're thrust into society with relatively few skills and told to "make it on your own." So, it's easier to put a bandage on the system instead of performing a much needed operation. So someone like Terrance doesn't have a chance.
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ReplyDeleteSorry about the delete- I could not correct an error any other way.
ReplyDeleteI feel for Terrance. Terrible as the sentence is for Terrance, how horrible would it be if he got out, committed another robbery, and killed someone in the process? he could have easily killed the bar owner in the first robbery-- they hit him with a steel bar! Then he did it again!
I do not know what the answer is, but I would not want Terrance and his buddies robbing my house. Is it fair to ask an innocent family or a restaurant owner to bear the brunt of his lack of morals? Did the bar owner experience lasting physical or mental damage from the attack?
Every life is valuable.
Christine