May It Please The Court: Juveniles and Life Sentences

On Monday the Supreme Court heard arguments on whether life without the chance of parole violated the Eighth Admendents prohibition againd cruel and unusual punishment. Other than in death penalty cases, the justices never before have found that a penalty crossed the cruel-and-unusual line.

Of 111 such juveniles nationwide, 77 of them are in Florida, with the rest spread across only six other states.

The two cases before the SC come from Joe Sullivan and Terrence Graham.  Sullivan was sent away for life for raping an elderly woman when he was 13.  Graham was given a life sentence after being implicated in armed robberies when he was 16 and 17.

Yeah, I know you like WTF?  Did I miss something? Who died? They DIDN'T kill anyone, but they effectively were sentenced to die in prison.

In 2005 the SC said executing anyone for a crime committed when he or she was younger than 18 is unconstitutional. U.S News and World reported:

On Monday, lawyers arguing on behalf of two Florida prisoners tried to convince the court that the rationale behind the death penalty decision also should extend to life sentences because they are equivalent to executions behind bars.

The court's death penalty ruling was based on two key principles: Minors are not as culpable for their crimes as adults are, and it is possible for youths to reform. The court held that their execution would therefore be "cruel and unusual punishment," which is banned by the Eighth Amendment. The same logic should be applied for Joe Sullivan and, in a separate case, Terrance Graham, lawyers contended.

The attorneys asked the court for different standards:

Gowdy (Graham's attorney) said the court should abolish life without parole for any non-homicide crime committed by someone younger than 18. He said he thinks it is constitutional to impose such a sentence on a juvenile who killed.

Stevenson (Sullivan's attorney) said the court should not allow life without parole for any crime, homicide or not, committed by someone younger than 14.

Recently in South Florida 3 teenage boys set another boy on fire.  The decision of the Supreme Court will definitely have a huge affect on their (3 boys) sentencing.

You (I love Justice Sotomayor but Pres. Obama chose you) have just been appointed and confirmed on the Supreme Court bench.  This case comes before the court.  The court is divided on the issue but lucky you, because you have the winning vote.  How would you vote and why (rationale)?