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Graham vs. Florida
4
Transcript
Violation
Graham v. Florida
By: Zach Boughner, Jacob Lindsay, Steve Barnett
Crime
- Terrence Graham was 16
- Committed armed burglary and home invasion
- Sentenced to probation and withheld adjudication of guilt
- Violated terms of parole (for robbery) by committing home invasion
- Challenged his sentence under the 8th Amendment's Cruel and Unusual Punishments Clause
- State First District Court Appeal affirmed
- Clause (held) doesn't permit juvenile offenders to be sentenced to life in prison without parole for a non homicidal crime.
- The impact of this is that a juvenile cannot be sentenced to life in prison for a non homicidal crime
Supreme Court Ruling
Aftermath
- Convicted Graham of armed robbery after he committed home invasion
- Revoked his probation and sentenced to life in prison for the burglary
- No possibility of release except executive clemency (because Florida abolished it's parole system)
- Justice Kennedy concluded that capital punishment is impermissible for a non homicide crime.
- The ruling was 6-3 in favor of Graham
- The Court stated it is the second-harshest sentence available for any crime
- Applying the narrow proportionality framework to the particular facts of this case, I conclude that Graham's sentence of life without parole violates the Eight Amendment
Websites
- supremecourt.gov
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