The Supreme Court granted cert today in two cases challenging the constitutionality of a sentence of life without parole for crimes committed as juveniles.
One of the defendants, Joe Sullivan, was convicted of committing a rape in Pensacola, FL when he was 13 and sentenced to life without parole. Sullivan, now 33, claims that that punishment violates the cruel and unusual punishment clause of the Eighth Amendment. Sullivan also claims that he is innocent, though the Supreme Court will not examine that issue.
The Supreme Court rarely examines the applicability of the Eighth Amendment to punishments other than death, so the cert grants are an exciting development. The cases potentially raise two overlapping issues: First, how old must one be to receive a sentence of life without parole? And second, is the crime of which one was convicted a relevant factor – is life without parole an appropriate punishment for juveniles who commit some crimes (like murder), but not other crimes (like rape)?
The cases are Sullivan v. Florida and Graham v. Florida. They likely will be heard next fall.
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