Supreme Court Strikes Down Juvenile Sentencing Law

So much for the Supreme Court being considered "conservative." Here are some predictions. Juveniles will commit more crime. The younger gang members will be the ones who commit crimes because they will face the lower punishments.

In a 5-4 ruling, the Supreme Court ruled Monday that juvenile criminals cannot be sentenced to life in prison with no chance at parole for crimes other than homicide because it violates their Eighth Amendment right against Cruel and Unusual Punishment.

Justice Anthony Kennedy has the opinion of the Court. In it he writes that "The inadequacy of penological theory to justify life without parole sentences for juvenile nonhomicide offenders, the limited culpability of such offenders, and the severity of these sentences all lead the Court to conclude that the sentencing practice at issue is cruel and unusual."

Florida is the state with the most juvenile offenders (77) with life/no parole sentences and that is where this case comes from.

Kennedy says a categorical rule making such a sentence unconstitutional is necessary because otherwise "a court or jury will erroneously conclude that a particular juvenile is sufficiently culpable to deserve life without parole for a nonhomicide. It also gives the juvenile offender a chance to demonstrate maturity and reform." . . .