Graham v. Florida; Sullivan v. Florida
Issues
Is a sentence of life imprisonment without the possibility of parole a cruel and unusual punishment when imposed on a juvenile convicted of a non-homicide offense?
Appealed from: Florida First District Court of Appeal (Graham v. Florida, Apr. 10, 2008; Sullivan v. Florida, June 17, 2008)Terrance Jamar Graham ("Graham") committed an armed burglary when he was sixteen years old. Joe Harris Sullivan committed sexual battery when he was thirteen years old. Both men are currently serving life sentences in the State of Florida ("Florida") with no possibility of parole. Graham and Sullivan each argue that sentencing a juvenile to life imprisonment without the possibility of parole violates the Eighth Amendment's ban on cruel and unusual punishments. Florida counters that such sentences are not constitutionally barred and reflect a state's considered legislative response to the growing problem of juvenile crime. In this case, the U.S. Supreme Court will determine whether juveniles may be sentenced to life imprisonment without the possibility of parole for committing non-homicide offenses.
Questions as Framed for the Court by the Parties
Graham v. Florida:
1. Whether the Eighth Amendment's ban on cruel and unusual punishment prohibits sentencing a juvenile convicted of a non-homicide offense to life imprisonment without the possibility of parole.
Sullivan v. Florida:
1. Whether the Eighth Amendment’s ban on cruel and unusual punishment and the Fourteenth Amendment prohibit sentencing a juvenile convicted of a non-homicide offense to life imprisonment without the possibility of parole; and,
2. Whether the Supreme Court may review a recently evolved Eighth Amendment claim where a state court has refused to do so, and dismissed the post-conviction motion on independent and adequate state law grounds.
Graham v.
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Edited by
Additional Resources
· Annotated U.S. Constitution: Eighth Amendment: Cruel and Unusual Punishments
· Wex: Juvenile Justice
· New York Times: Defining “'Cruel and Unusual”' When the Offender Is 13 (Feb. 2, 2009)