A Criminal Enterprise

Juvenile Life Without Parole Cases Argued Today

Posted in Cases, News by Bidish J. Sarma on November 9, 2009

This morning, the Supreme Court heard oral arguments in Graham v. Florida and Sullivan v. Florida.  These cases have received lots of attention in the media.  Several articles, op-eds, and editorials are linked to on this Blog’s Twitter sidebar.

Oral argument transcripts should be available later today, and we will certainly review them and provide our own impressions.  In the meantime, I wanted to share something from an Atlanta Journal & Constitution Op-Ed that struck me as fairly powerful:

What is striking about these cases, Sullivan v. Florida and Graham v. Florida, is they entail the permanent denial of freedom for juveniles who, though they committed serious crimes, did not commit homicides. Such sentences for juveniles express more than just the view that these children are beyond rehabilitation. In effect, they are a societal admission that we do not believe we are capable of teaching children to do better. When we sentence a 13-year-old or 17-year-old to life in prison without any chance of parole, we not only convey our views on the child’s actions, we also make a powerful statement about ourselves. Such a penalty, when given to a child, says we do not believe that child can ever change. And because it is our job as adults to mentor children, we are conceding that we don’t have confidence as a society that we will provide the necessary guidance to ensure that child becomes a productive member of society. Why do we have such little faith in ourselves, and our children?

For a look at some of the arguments at play, check out our earlier posts on the subject here and here.

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