South Carolina Criminal Attorney Blog

Arguments were made this week in a Florida court on behalf of two children that were sentenced to life in prison without the possibility of parole. The lawyers argued that the same reasoning that the Supreme Court used for not allowing children under 18 to be given a death sentence, should be extended with regards to live in prison without parole.

The statistics are staggering. The degree of controversy is staggering. Just the mere existence of the issue is staggering.

In the US there are over 2,200 children that have been sentenced life to prison without the possibility of parole, with some being as young as 13.

In the Florida case, Joe Sullivan, at the age of 13, was found guilty of sexual battery with a victim that was 72 years old. This took place after a burglary. The previous two years leading up to this conviction he was convicted of 17 crimes with a number of them being serious felonies. He is also mentally disabled.

Terrance Graham, who was 16 at the time of the crime, committed Armed Robbery at a restaurant. Following a year in jail for that conviction, he then was found in violation of his probation when he committed a second robbery in which he used a gun.

In 2005, the Supreme Court held it was unconstitutional to execute someone under the age of 18, stating it would be Cruel and Unusual Punishment, reasoning that minors cannot be held as culpable as adults and there was far more possibilities for reform than adults.

Its interesting to note that the United States stands out from most of the world. Amnesty International states that 135 countries do not impose life sentences for minors. And, pursuant to a treaty of the United Nations, in which children are forbidden from life sentences without parole, the United States is the only country that has not signed the treaty.

KIDS AND THE DEATH PENALTY

Arguments were made this week in a Florida court on behalf of two children that were sentenced to life in prison without the possibility of parole. The lawyers argued that the same reasoning that the Supreme Court used for not allowing children under 18 to be given a death sentence, should be extended with regards to live in prison without parole.

The statistics are staggering. The degree of controversy is staggering. Just the mere existence of the issue is staggering.

In the US there are over 2,200 children that have been sentenced life to prison without the possibility of parole, with some being as young as 13.

In the Florida case, Joe Sullivan, at the age of 13, was found guilty of sexual battery with a victim that was 72 years old. This took place after a burglary. The previous two years leading up to this conviction he was convicted of 17 crimes with a number of them being serious felonies. He is also mentally disabled.

Terrance Graham, who was 16 at the time of the crime, committed Armed Robbery at a restaurant. Following a year in jail for that conviction, he then was found in violation of his probation when he committed a second robbery in which he used a gun.

In 2005, the Supreme Court held it was unconstitutional to execute someone under the age of 18, stating it would be Cruel and Unusual Punishment, reasoning that minors cannot be held as culpable as adults and there was far more possibilities for reform than adults.

Its interesting to note that the United States stands out from most of the world. Amnesty International states that 135 countries do not impose life sentences for minors. And, pursuant to a treaty of the United Nations, in which children are forbidden from life sentences without parole, the United States is the only country that has not signed the treaty.