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Graham V Florida Case Study

521 Words3 Pages

(1) Citation

Graham v. Florida, 130 S. Ct. 2011 - Supreme Court (2010).

(2) Facts

Terrance Jamar Graham was arrested at the age of seventeen for armed robbery: this was his second major arrest in two years. The prosecutor decided to charge Graham as an adult. Graham pleaded not guilty to all charges. The judge believed that Graham’s behavior exhibited a pattern of escalation. He believed that Graham was a threat to society. Graham was sentenced to life in prison without parole.
(3) Issue

Is life in prison without parole for a juvenile non-homicidal offender a violation of the 8th Amendment which guards against cruel and unusual punishment?

(4) Decision

Yes, sentencing a juvenile to life without parole for a non-homicidal crime is a violation of the 8th Amendment of the United States Constitution.

(5) Reason …show more content…

When sentencing anyone, especially juveniles, for non-homicidal crimes, penological justification is needed. The four goals of penal sanctions - retribution, deterrence, incapacitation, and rehabilitation - were not justified in this case. Graham was being sentenced to life even though he did not take another person’s life. He did not significantly alter his victim’s life in any way. Therefore, retribution is not proportionate. Also, juveniles are less likely to take punishments into consideration when making decisions. The deterrent effect is limited and is not justified in this case. Incapacitation may be a legitimate goal for life sentences without parole, but it is not legitimate for a juvenile who does not commit a homicide. Rehabilitation is the final goal. Rehabilitation is not possible for someone who serves life. By sentencing Graham to life, the court is saying that Graham’s behavior will never change and he will continue to be a threat to society. The sentence is disproportionate to the

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