Monday, May 17, 2010

Juvenile LWOP Sentence Unconstitutional for Non-Homicide Offenses

The Supreme Court has held that a life sentence without possibility of parole violates the 8th Amendment when the defendant is a juvenile and the crime is not a homicide. Until today, Idaho was among the states which permitted such sentences. (Of course, the Idaho Code also purports to permit the death penalty for some non-homicide crimes so our statutes are a bit behind the times.)

Graham v. Florida, http://www.supremecourt.gov/opinions/09pdf/08-7412.pdf

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