Sunday, September 27, 2009

Amicus Briefs in Pending Juvenile Life Without Parole U.S. Supreme Court Cases

The following are merit briefs and all the amicus briefs that were filed in the cases Graham v. Florida, Docket No. 08-7412 and Sullivan v. Florida, Docket No. 08-7621, currently being considered by the U.S. Supreme Court.

In the Graham case the U.S. Supreme Court will consider the question, "Whether the Eighth Amendment's ban on cruel and unusual punishments prohibits the imprisonment of a juvenile for life without the possibility of parole as punishment for the juvenile's commission of a non-homicide."

In the Sullivan case the U.S. Supreme Court will consider the following two questions, "Joe Sullivan is serving a sentence of life imprisonment without the possibility of parole for a non-homicide offense committed when he was thirteen years old. Nationwide, only one other thirteen-year-old child has received a life-without-parole sentence for a non-homicide. The questions presented are:

1. Does imposition of a life-without-parole sentence on a thirteen-year-old for a non-homicide violate the prohibition on cruel and unusual punishments under the Eighth and Fourteenth Amendments, where the freakishly rare imposition of such a sentence reflects a national consensus on the reduced criminal culpability of children?

2. Given the extreme rarity of a life imprisonment without parole sentence imposed on a 13-year-old child for a non-homicide and the unavailability of substantive review in any other federal court, should this Court grant review of a recently evolved Eighth Amendment claim where the state court has refused to do so?"

Graham v. Florida, Docket No. 08-7412

Merit briefs
Amicus briefs

Sullivan v. Florida Docket No. 08-7621

Merit briefs

Amicus briefs
Source: http://www.abanet.org/publiced/preview/briefs/nov09.shtml

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