Reviewing Juvenile Sentencing in Florida

July 11, 2012 (Press-News.org) The often harsh sentences that juvenile offenders who are convicted of violent crimes receive in Florida are coming under intense scrutiny. Several U.S. Supreme Court cases dealing with the constitutionality of juvenile sentences have prompted officials in Florida to review the punishments they impose on juvenile offenders.

U.S. Supreme Court Decisions

In 2010, the U.S. Supreme Court heard Graham v. Florida, a case involving a Florida teenager who received a life sentence after he was arrested for robbery while on probation for another robbery offense. The Supreme Court held that life imprisonment of juveniles for non-homicide offenses violated the Constitution's prohibition against cruel and unusual punishment. The Court also said that states needed to allow juvenile offenders the opportunity to demonstrate that they have matured and rehabilitated themselves and to seek release from incarceration.

In June 2012, the Supreme Court heard two more cases involving the punishment of juvenile offenders. In those cases, the Court held that states cannot require life sentences without parole for juveniles found guilty of homicide offenses. The court said that life sentences with the possibility of parole are constitutionally permissible, but the judge must consider the individual circumstances of the crime and the offender before issuing the sentence.

Impact on Florida Sentencing

These U.S. Supreme Court decisions have prompted Florida officials to review their sentencing policies for juvenile offenders. In May 2012, a three-judge appellate panel asked the Florida Supreme Court to review constitutionality of the 70-year prison sentence that a Jacksonville teenager received for attempted first-degree murder. The appellate court called the issue a "question of great public importance." Many other inmates are trying to have their sentences reviewed because of the court's holding in Graham requiring the opportunity to show rehabilitation and seek parole.

Some lawmakers are now moving to amend statues that put judges in an impossible situation in light of the recent Supreme Court holding. Under Florida's "10-20-Life" law, judges lose sentencing discretion and must impose life sentences on all who are convicted of a felony in which someone is hurt or killed with a gun.

Others suggest that changing the law is not necessary and that merely granting juvenile offenders resentencing hearings with judges would be sufficient to comply with the Supreme Court's decision.

Talk to a Lawyer

Juvenile offenses can carry serious penalties, and Florida authorities will not hesitate to impose harsh sentences on youthful offenders. If you or your child is facing criminal charges, talk to an adept criminal defense attorney who can help defend your rights.

Article provided by Law Office of Casey Bryant, P.A.
Visit us at http://www.bryantlegal.com