Life Without Parole and the 8th Amendment

Recently the United States Supreme Court ruled that juveniles under the age of eighteen (18) are no longer subject to the death penalty. In many states, however, juveniles can still be sentenced to “life without parole” (LWOP). On May 17, 2010, the U.S. Supreme Court held in Graham v. Florida that juveniles should not be sentenced to LWOP for any crime less than homicide. On June 25, 2012, the Court further addressed this matter in Miller v. Alabama, holding that mandatory life without parole for those under the age of 18 violates the 8th Amendment prohibition of “cruel and unusual punishments.” Please read an excerpt from The Supreme Court and the Transformation of Juvenile Sentencing on the Court’s “transformation of the constitutional landscape” with respect to juvenile sentencing. What are your thoughts? Please be specific.

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