BALTIMORE, MD, June 08, 2012 (Press-News.org) Baltimore residents may recall the headlines when, in 1999, a 14-year-old youth participated in a video store robbery in which one of the other robbers shot and killed the store clerk. Four years later, another 14-year-old and an older youth beat up a middle-aged man and set his house on fire, resulting in the man's death.
Both 14-year-olds are now serving life sentences without the possibility of parole. Both of their cases were recently reviewed by the U.S. Supreme Court, which will soon rule on whether sentencing young offenders to life without parole is cruel and unusual punishment, in violation of the Eighth Amendment.
How the Supreme Court's Eighth Amendment Thinking Has Evolved
The Court has modified the application of harsh punishment to young offenders over the past few decades. In 1988, the Court decided that it was unconstitutional to apply the death penalty to offenders under the age of 16. In 2005, the Court went on to ban the death penalty for 18-year-olds guilty of first-degree murder.
The Court was responding to nationwide sentiment concerning what constitutes cruel and unusual punishment. The consensus across the nation seemed to be moving away from execution for juveniles. While 20 states allowed the death penalty for young offenders in 2005, only a few actually had carried out the penalty. Since 1990, five other states had abolished the juvenile death penalty.
What the Court is Likely to Do Next
Experts point to a 2009 decision that bans life sentences without parole for juvenile offenders who committed crimes that were not homicides. At that time, 37 states allowed such sentences, but in the entire nation only 123 inmates were incarcerated for life without parole for juvenile non-homicide crimes, and more than 60 percent of those were in Florida. Most of the nation appeared to be trending away from such a harsh penalty for juveniles whose crimes had not resulted in a person's death.
The trend may be continuing, perhaps toward abolishing life without parole for juveniles even in cases involving homicide. If the Court wants to take baby steps, it could use the cases of the two 14-year-olds as a chance to refine the application of life without parole, without abolishing it entirely. One approach could be to look at whether a young offender was primarily responsible for the murder or was an accomplice, or perhaps the Court could eliminate this sentence entirely for those 14 and younger but not for older juveniles.
Regardless of the Court's ultimate decision, any juvenile accused of a crime in Baltimore should have experienced criminal defense representation.
The criminal lawyers in Maryland at The Law Offices of James E. Crawford, Jr. & Associates, LLC defend clients against all types of crimes, from misdemeanors like shoplifting, to felonies like drug distribution and sex offenses. Their firm also represents clients in Baltimore divorce and personal injury cases. People in Maryland have relied on the Law Offices of James E. Crawford, Jr. & Associates, LLC since 1992. To contact James Crawford, Esq. or a member of his legal team, call 866-635-0623, or visit http://www.crawforddefenseattorney.com/ for more information about his criminal law practice.
Current Web properties by The Law Offices of James E. Crawford, Jr. & Associates, LLC to help you with your specific legal issue:
Criminal Defense: http://www.crawforddefenseattorney.com
Criminal Defense Blog: http://www.baltimorecriminallawblog.com
Family Law: http://www.crawforddomesticmd.com
Personal Injury: http://www.mymarylandinjurylawyer.com
Former Web sites by The Law Offices of James E. Crawford, Jr. & Associates, LLC:
http://www.jamescrawfordlaw.com
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Locations:
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Supreme Court May Modify Punishment for Youngest Offenders
The U.S. Supreme Court, which will soon rule on whether sentencing young offenders to life without parole is cruel and unusual punishment, in violation of the Eighth Amendment.
2012-06-08
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[Press-News.org] Supreme Court May Modify Punishment for Youngest OffendersThe U.S. Supreme Court, which will soon rule on whether sentencing young offenders to life without parole is cruel and unusual punishment, in violation of the Eighth Amendment.