Juvenile Justice: Death-in-Prison Sentences Constitutional in Wisconsin, at Least for Now
By Sonya Ziaja J.D., May 24 2011
The Supreme Court of Wisconsin has just ruled that it's constitutional to sentence juveniles to life imprisonment without the possibility parole for intentional homicide. The defendant in that case, Omer Ninham, was 14 years old when he was charged with killing a 13-year-old boy. The case will very likely be appealed to the U.S. Supreme Court.
The Supreme Court hasn't yet decided whether sentencing a juvenile to “death in prison” is cruel and unusual punishment. It has, however, indicated that how we sentence juveniles has to be different from how we sentence adults. In both Roper v. Simmons and Graham v. Florida the Court relied on scientific evidence about the adolescent brain. Ultimately that evidence allowed the Court to conclude that extreme sentences—respectively, death penalty in cases of homicide and life imprisonment in cases short of homicide—violate the Eighth Amendment's prohibition against cruel and unusual punishment.
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