Graham v. Florida, 560 U.S. 48 (2010)

The U.S. Supreme Court held juvenile life without parole for non-homicide offenses violates the 8th Amendment and offered the following language in support.

“Roper established that because juveniles have lessened culpability they are less deserving of the most severe punishments. 543 U.S., at 569, 125 S. Ct. 1183, 161 L. Ed. 2d 1. As compared to adults, juveniles have a “’lack of maturity and an underdeveloped sense of responsibility’”; they “are more vulnerable or susceptible to negative influences and outside pressures, including peer pressure”; and their characters are “not as well formed.” Id., at 569-570, 125 S. Ct. 1183, 161 L. Ed. 2d 1. These salient characteristics mean that “[i]t is difficult even for expert psychologists to differentiate between the juvenile offender whose crime reflects unfortunate yet transient immaturity, and the rare juvenile offender whose crime reflects irreparable corruption.” Id., at 573, 125 S. Ct. 1183, 161 L. Ed. 2d 1. Accordingly, “juvenile offenders cannot with reliability be classified among the worst offenders.” Id., at 569, 125 S. Ct. 1183, 161 L. Ed. 2d 1. A juvenile is not absolved of responsibility for his actions, but his transgression “is not as morally reprehensible as that of an adult.” Thompson, supra, at 835, 108 S. Ct. 2687, 101 L. Ed. 2d 702 (plurality opinion).

. . . .

Terrance Graham’s sentence guarantees he will die in prison without any meaningful opportunity to obtain release, no matter what he might do to demonstrate that the bad acts he committed as a teenager are not representative of his true character, even if he spends the next half century attempting to atone for his crimes and learn from his mistakes. The State has denied him any chance to later demonstrate that he is fit to rejoin society based solely on a nonhomicide crime that he committed while he was a child in the eyes of the law. This the Eighth Amendment does not permit.”

File Type: pdf
Categories: Court Decisions, Resource Library
Tags: 8th Amendment, Adolescent Development, Culpability, Desistance, Emerging Adults, Juvenile Life Without Parole, Lack of Foreseeability, Peer Pressure and Influence, Sentencing, Transfer or Bindover or Certification, Youth in Adult Court