graham v florida lexis+

There is no question that the crime for which Graham received his life sentence--armed burglary of a nondomicil with an assault or battery--is "a serious crime deserving serious punishment." Held: The Clause does not permit a juvenile offender to be sentenced to life in prison without parole for a nonhomicide crime. The Eighth Amendment states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Conn. Gen. Stat. The other 52 are imprisoned in just 10 States--California, Delaware, Iowa, Louisiana, Mississippi, Nebraska, Nevada, Oklahoma, South Carolina, and Virginia--and in the federal system. Id., at 292-294, 296-297, and n. 22 (considering motive, past criminal conduct, alcoholism, and propensity for violence of the particular defendant); see also Ewing, supra, at 28-30 (plurality opinion) (examining defendant's criminal history); Harmelin, 501 U. S., at 1001-1004 (opinion of Kennedy, J.) Wilkerson v. Utah, 99 U. S. 130, 136 (1879). This, in my view, reveals the States' widespread agreement that juveniles can sometimes act with the same culpability as adults and that the law should permit judges and juries to consider adult sentences--including life without parole--in those rare and unfortunate cases. 2d 43, 51-53 (Fla. App. Both Thompson and Roper arose in the unique context of the death penalty, a punishment that our Court has recognized "must be limited to those offenders who commit 'a narrow category of the most serious crimes' and whose extreme culpability makes them 'the most deserving of execution.' First, it seems odd that the Court counts only those juveniles sentenced to life without parole and excludes from its analysis all juveniles sentenced to lengthy term-of-years sentences (e.g., 70 or 80 years' imprisonment). Ante, at 23-24 (emphasis added). But this is true when they sentence adults no less than when they sentence juveniles. According to the Court, proper Eighth Amendment analysis "begins with objective indicia of national consensus,"3 and "[t]he clearest and most reliable objective evidence of contemporary values is the legislation enacted by the country's legislatures," ante, at 10-11 (internal quotation marks omitted). 119, §74; id., ch. Once again, it relied on the developmental differences between juveniles and adults to reach its conclusion. of Justice, Federal Bureau of Prisons, to Supreme Court Library (Apr. Ann., Tit. 245, 272-273 (2005). See, e.g., Hope v. Pelzer, 536 U. S. 730 (2002). In adopting these categorical proportionality rules, the Court intrudes upon areas that the Constitution reserves to other (state and federal) organs of government. But never before today has the Court relied on its own view of just deserts to impose a categorical limit on the imposition of a lesser punishment. Thirty-seven States, the District of Columbia, and the Federal Government permit sentences of life without parole for a juvenile nonhomicide offender in some circumstances. According to the study relied upon by this Court, Oklahoma had no such offender in its prison system before Budder's offense. JURISDICTIONS THAT FORBID LIFE WITHOUT PAROLE FOR JUVENILE OFFENDERS, Colo. Rev. In any event, the Court's categorical conclusion is also unwise. as Amici Curiae 15-17. The only evidence submitted to this Court regarding the frequency of this sentence's imposition was a single study completed after this Court granted certiorari in this case. Graham v. Florida was an amicus curiae case. The Court uses Graham's case as a vehicle to proclaim a new constitutional rule--applicable well beyond the particular facts of Graham's case--that a sentence of life without parole imposed on any juvenile for any nonhomicide offense is unconstitutional. But, as members of today's majority note, "[s]ociety changes," ante, at 1 (Stevens, J., concurring), and the Eighth Amendment leaves the unavoidably moral question of who "deserves" a particular nonprohibited method of punishment to the judgment of the legislatures that authorize the penalty, the prosecutors who seek it, and the judges and juries that impose it under circumstances they deem appropriate. Roper noted that "the same characteristics that render juveniles less culpable than adults suggest ... that juveniles will be less susceptible to deterrence." See ante, at 13 (citing Letter and Attachment from Judith Simon Garrett, U. S. Dept. §18-1.3-401(4)(b) (2009), Ky. Rev. 2011. Unlike the majority, however, I see no need to invent a new constitutional rule of dubious provenance in reaching that conclusion. Both intrajurisdictional and interjurisdictional comparisons of Graham's sentence confirm the threshold inference of disproportionality. Another problem with a case-by-case approach is that it does not take account of special difficulties encountered by counsel in juvenile representation. 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. The Court has treated the laws and practices of other nations and international agreements as relevant to the Eighth Amendment not because those norms are binding or controlling but because the judgment of the world's nations that a particular sentencing practice is inconsistent with basic principles of decency demonstrates that the Court's rationale has respected reasoning to support it. This latter interpretation is entirely the Court's creation. First, States over the past 20 years have consistently increased the severity of punishments for juvenile offenders. The Court's questionable decision to "complete" the study on its own does not materially increase its reliability. Even when the Court broke from that understanding in its 5-to-4 decision in Solem v. Helm, 463 U. S. 277 (1983) (striking down as "grossly disproportionate" a life-without-parole sentence imposed on a defendant for passing a worthless check), the Court did so only as applied to the facts of that case; it announced no categorical rule. See Brief for Respondent 34; Tr. . 2009); id., Tit. "I have reviewed the statute. This is particularly so when that punishment is rarely imposed. See Brief for American Medical Association et al. Brief for Respondent 54 (citing Fla. Stat. Anthony McLeod Kennedy. In 2003, sixteen … They are less likely than adults to work effectively with their lawyers to aid in their defense. (noting specific details of the particular crime of conviction). I find that justification entirely insufficient. That is especially so because, in the end, the Court does not even believe its pronouncements about the juvenile mind. What the State must do, however, is give defendants like Graham some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation. Incapacitation, a third legitimate reason for imprisonment, does not justify the life without parole sentence in question here. The charges against Graham were armed burglary with assault or battery, a first-degree felony carrying a maximum penalty of life imprisonment without the possibility of parole, §§810.02(1)(b), (2)(a) (2003); and attempted armed-robbery, a second-degree felony carrying a maximum penalty of 15 years' imprisonment, §§812.13(2)(b), 777.04(1), (4)(a), 775.082(3)(c). We should grant Graham the relief to which he is entitled under the Eighth Amendment. Amicus curiae is a brief that brings to the attention of the Court relevant matter not already brought to its attention by the parties may be of considerable help to the Court, by influencing the court’s decision. Roper, supra, at 573. 19-___ In the Supreme Court of the United States _____ STATE OF OHIO, Petitioner, v. SHAWN FORD, Respondent. This determination; the limited culpability of juvenile nonhomicide offenders; and the severity of life without parole sentences all lead to the conclusion that the sentencing practice under consideration is cruel and unusual. This categorical conclusion is as unnecessary as it is unwise. Deterrence does not suffice to justify the sentence either. Ann. See Atkins, 536 U. S., at 324-325 (Rehnquist, C. J., dissenting). of Corrections, to Supreme Court Library (Mar. Roper, supra, at 629 (Scalia, J., dissenting). Because Florida has abolished its parole system, see Fla. Stat. This distinction is unpersuasive. According to a recent study, nationwide there are only 109 juvenile offenders serving sentences of life without parole for nonhomicide offenses. Graham filed a motion in the trial court challenging his sentence under the Eighth Amendment. " 543 U. S., at 568 (quoting Atkins v. Virginia, 536 U. S. 304, 319 (2002)). Even if the State's judgment that Graham was incorrigible were later corroborated by prison misbehavior or failure to mature, the sentence was still disproportionate because that judgment was made at the outset. 720, §5/12-13(b)(3) (West 2008); id., ch. One of the members involved worked at the restaurant and ensured the back door remained unlocked around the time the restaurant was due to … and has custody of the membership list. No. Brief for Respondent in Sullivan v. Florida, O. T. 2009, No. Based on that rationale, the Court found that the excessiveness of one prison term as compared to another was "properly within the province of legislatures, not courts," id., at 275-276, precisely because it involved an "invariably ... subjective determination, there being no clear way to make 'any constitutional distinction between one term of years and a shorter or longer term of years,' " Hutto v. Davis, 454 U. S. 370, 373 (1982) (per curiam) (quoting Rummel, supra, at 275; emphasis added). These cases underscore the essential principle that, under the Eighth Amendment, the State must respect the human attributes even of those who have committed serious crimes. The ultimate question in this case is not whether a life-without-parole sentence 'fits' the crime at issue here or the crimes of juvenile nonhomicide offenders more generally, but to whom the Constitution assigns that decision. 543 U. S., at 577. This groundbreaking rul-ing has important implications for another class of cases: JLWOP sen-tences for homicide offenders. When must it occur? See Amnesty International, Human Rights Watch, The Rest of Their Lives: Life without Parole for Child Offenders in the United States 106, n. 322 (2005); Memorandum and Attachment from Ruth Levush, Law Library of Congress, to Supreme Court Library (Feb. 16, 2010) (available in Clerk of Court's case file). Last Term, in Graham v. Florida,2 the Court held that the Constitution no longer tolerates juvenile life-without-parole (JLWOP) sentences for nonhomicide crimes. The "objective" elements of the Solem test provide no additional support for the concurrence's conclusion. It is difficult to say that a defendant who receives a life sentence on a nonhomicide offense but who was at the same time convicted of homicide is not in some sense being punished in part for the homicide when the judge makes the sentencing determination. ("[T]he relative infrequency of jury verdicts imposing the death sentence does not indicate rejection of capital punishment per se. In short, our existing precedent already provides a sufficient framework for assessing the concerns outlined by the majority. We can't do anything to deter you. See Tr. Id., at 569-570. And as Roper observed, "[w]hether viewed as an attempt to express the community's moral outrage or as an attempt to right the balance for the wrong to the victim, the case for retribution is not as strong with a minor as with an adult." Google Chrome, We granted certiorari. The Court responds that a categorical rule is nonetheless necessary to prevent the " 'unacceptable likelihood' " that a judge or jury, unduly swayed by " 'the brutality or cold-blooded nature' " of a juvenile's nonhomicide crime, will sentence him to a life-without-parole sentence for which he possesses " 'insufficient culpability,' " ante, at 27 (quoting Roper, supra, at 572-573). Here, an examination of actual sentencing practices in jurisdictions where the sentence in question is permitted by statute discloses a consensus against its use. A State need not guarantee the offender eventual release, but if it imposes a sentence of life it must provide him or her with some realistic opportunity to obtain release before the end of that term. Stanford v. Kentucky, 492 U. S. 361, 373 (1989) (quoting Gregg, supra, at 175 (joint opinion of Stewart, Powell, and Stevens, JJ. 6-7; see also ante, at 28, n. 12 (Thomas, J., dissenting). See, e.g., Roper, 543 U. S., at 575-578; Atkins, supra, at 317-318, n. 21; Thompson, 487 U. S., at 830 (plurality opinion); Enmund, supra, at 796-797, n. 22; Coker, 433 U. S., at 596, n. 10 (plurality opinion); Trop, 356 U. S., at 102-103 (plurality opinion). . Age and the nature of the crime each bear on the analysis. Maturity can lead to that considered reflection which is the foundation for remorse, renewal, and rehabilitation. The classification in turn consists of two subsets, one considering the nature of the offense, the other considering the characteristics of the offender. Those under 18 years old may as a general matter have "diminished" culpability relative to adults who commit the same crimes, Roper, 543 U. S., at 571, but that does not mean that their culpability is always insufficient to justify a life sentence. This logic strains credulity. Oklahoma juries invoke those laws rarely--in the unusual cases that they find exceptionally depraved. Annino 2. As a general matter, this statement is entirely consistent with the evidence recounted above that judges and juries impose the sentence at issue quite infrequently, despite legislative authorization to do so in many more cases. §12.55.015(g) (2008). See Part III, infra. The State's amici stress that no international legal agreement that is binding on the United States prohibits life without parole for juvenile offenders and thus urge us to ignore the international consensus. 08–7412. A State is not required to guarantee eventual freedom to such an offender, but must impose a sentence that provides some meaningful opportunity for release based on demonstrated maturity and rehabilitation. The Court nonetheless dismisses existing legislation, pointing out that life-without-parole sentences are rarely imposed on juvenile nonhomicide offenders--129 times in recent memory9 by the Court's calculation, spread out across 11 States and the federal courts. Kennedy, supra, at ___ (slip op., at 30-36); Roper, 543 U. S., at 571-572; Atkins, supra, at 318-320. ), have not been collected, making verification of the Court's headcount impossible. Thirty-seven States as well as the District of Columbia permit sentences of life without parole for a juvenile nonhomicide offender in some circumstances. Id., at 569 (emphasis added). §18-1.3-401(4)(b) (2009). It follows that, when compared to an adult murderer, a juvenile offender who did not kill or intend to kill has a twice diminished moral culpability. They have been rare indeed. App. [H]owever, it does not necessarily follow that the legislatures in those jurisdictions have deliberately concluded that it would be appropriate"). Following a jury trial, Means was convicted of kidnapping and second degree murder. I simply cannot accept that these subjective judgments of proportionality are ones the Eighth Amendment authorizes us to make. Pamphlet); Me. An examination of actual sentencing practices in those jurisdictions that permit life without parole for juvenile nonhomicide offenders, however, discloses a consensus against the sentence. But so does the process of judging in which we engage. The news of this evolution will, I think, come as a surprise to the American people. "This is because '[t]he standard of extreme cruelty is not merely descriptive, but necessarily embodies a moral judgment. Two alternative approaches are not adequate to address the relevant constitutional concerns. In June 2012, in the related Miller v.Alabama, the Court ruled that mandatory sentences for life without parole for juvenile offenders, even in cases of murder, was cruel and unusual punishment in … The plurality concluded that the transfer laws show "that the States consider 15-year-olds to be old enough to be tried in criminal court for serious crimes (or too old to be dealt with effectively in juvenile court), but tells us nothing about the judgment these States have made regarding the appropriate punishment for such youthful offenders." Yet Oklahoma's experience proves the inescapable flaw in that reasoning: Oklahoma citizens have enacted laws that allow Oklahoma juries to consider life-without-parole sentences in juvenile nonhomicide cases. Some of my colleagues have raised serious and thoughtful questions about whether, as an original matter, the Constitution was understood to require any degree of proportionality between noncapital offenses and their corresponding punishments. Graham's youth made him relatively more likely to engage in reckless and dangerous criminal activity than an adult; it also likely enhanced his susceptibility to peer pressure. Ann. Means challenged his life sentence under Iowa Rule of Criminal Procedure 2.24(5) with the assistance of attorney Angela Fritz Reyes. §§2C:11-3(b)(2)-(3) (West 2005); N. M. Stat. On December 13, 2004, Graham's probation officer filed with the trial court an affidavit asserting that Graham had violated the conditions of his probation by possessing a firearm, committing crimes, and associating with persons engaged in criminal activity. TERRANCE JAMAR GRAHAM, PETITIONER v. FLORIDA No. The Court is quite willing to accept that a 17-year-old who pulls the trigger on a firearm can demonstrate sufficient depravity and irredeemability to be denied reentry into society, but insists that a 17-year-old who rapes an 8-year-old and leaves her for dead does not. 839, 842 (1969))--specifically methods akin to those that had been considered cruel and unusual at the time the Bill of Rights was adopted, Baze v. Rees, 553 U. S. 35, 99 (2008) (Thomas, J., concurring in judgment). Treating juvenile life sentences as analogous to capital punishment is at odds with our longstanding view that "the death penalty is different from other punishments in kind rather than degree." Next, guided by "the standards elaborated by controlling precedents and by the Court's own understanding and interpretation of the Eighth Amendment's text, history, meaning, and purpose," Kennedy, 554 U. S., at ___ (slip op., at 10), the Court must determine in the exercise of its own independent judgment whether the punishment in question violates the Constitution. 33, §5204 (2009 Cum. 3d 597 (Fla. 2013),] and NAACP, Inc. v. Florida Board of Regents, 876 So. 501 U. S., at 1005 (opinion of Kennedy, J.). Roberts, C. J., filed an opinion concurring in the judgment. Here, it suffices to recall just two points. Ante, at 2 (opinion concurring in judgment). The State relies on these data to argue that no national consensus against the sentencing practice in question exists. The Court thus openly claims the power not only to approve or disapprove of democratic choices in penal policy based on evidence of how society's standards have evolved, but also on the basis of the Court's "independent" perception of how those standards should evolve, which depends on what the Court concedes is " ' "necessarily . The approach in cases such as Harmelin and Ewing is suited for considering a gross proportionality challenge to a particular defendant's sentence, but here a sentencing practice itself is in question. You've evidently decided this is the direction you're going to take in life, and it's unfortunate that you made that choice. Rev. Begin typing to search, use arrow keys to navigate, use enter to select. He also has served as an Adjunct Faculty member at the University of Florida Levin College of Law since 1984, where he teaches trial practice. Stat. These matters relate to the status of the offenders in question; and it is relevant to consider next the nature of the offenses to which this harsh penalty might apply. Ante, at 7 (internal quotation marks omitted), ante, at 1 (Stevens, J., concurring). Id., at 52. Florida is correct to say that state laws requiring consideration of a defendant's age in charging decisions are salutary. Ante, at 1 (concurring opinion). Because age "18 is the point where society draws the line for many purposes between childhood and adulthood," it is the age below which a defendant may not be sentenced to life without parole for a nonhomicide crime. Of certain types of offenses classification of cases has used categorical rules the... In some circumstances some Prisons, to explore the means and mechanisms for compliance 11, §773 ( )... Made by legislatures or sentencing courts this case implicates a particular punishment is cruel unusual. Meaningful '' opportunity entail Escondido, 503 U. S. 130, 136 ( 1879 ) 184 ( 2009.. Juveniles from adults also put them at a significant majority of those jurisdictions have serving. Minimum nondeparture sentence of life imprisonment without the possibility of parole. [ 5 ] Commonwealth, S.! This case particular type of sentence as it is fair to say that State laws requiring consideration of juvenile. Will never have perfect foresight -- or perfect wisdom -- in making sentencing decisions (. Rule on it within 60 days under consideration is exceedingly rare. to great weight, '' not! Two general classifications same period 9, 2010 ) ( 2 ) ( )..., 367 consistent with the threshold inquiry comparing the gravity of the actors... Provision would probably be constitutional '' ) sentence and was released understandings of the law. on. Than other crimes, such as murder or Rape likely than adults to reach its conclusion the was. But crashed into a telephone pole S. 304, 319 ( 2002 )! 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