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FRIDAY, NOVEMBER 20, 2009
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 SUPREME COURT DOCKET 
61

Teens Sentenced to Life: Cruel and Unusual?

High court will address sentences for kid convicts who didn't kill

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(AP) – Joe Sullivan was sent away for life for raping an elderly woman and judged incorrigible though he was only 13. Terrance Graham, implicated in armed robberies when he was 16 and 17, was given a life sentence by a judge who told the teenager he had thrown his life away. The teenagers didn't kill anyone, but effectively were sentenced to die in prison—a rare sentence whose constitutionality the Supreme Court will review tomorrow.

Just over 100 inmates are serving life sentences for crimes less serious than killing, according to data compiled by opponents of the sentences. Graham, now 22, and Sullivan, now 33, are in Florida prisons, which hold more than 70% of applicable juvenile defendants. Beyond the infrequency of such punishment, lawyers for Graham and Sullivan argue that it is a bad idea to render a final judgment about people so young. "They are unfinished products, works-in-progress," says Sullivan's lawyer.

Terrance Graham was implicated in armed robberies when he was 16 and 17, and given a life sentence without parole by a judge who told him he threw his life away. Graham, now 22, is jailed in Florida.
Terrance Graham was implicated in armed robberies when he was 16 and 17, and given a life sentence without parole by a judge who told him he threw his life away. Graham, now 22, is jailed in Florida.   (Graham Family)
Joe Sullivan, 31, raped an elderly woman when he was 13, was judged incorrigible, and sentenced to life in prison without parole.
Joe Sullivan, 31, raped an elderly woman when he was 13, was judged incorrigible, and sentenced to life in prison without parole.   (Glen Paul)
Joe Sullivan, 31, raped an elderly woman when he was 13, was judged incorrigible, and sentenced to life in prison without parole.
Joe Sullivan, 31, raped an elderly woman when he was 13, was judged incorrigible, and sentenced to life in prison without parole.   (Glen Paul)
This May 4, 2007, file photo shows former Sen. Alan Simpson, who served 18 years in the Senate, but as a teenager pleaded guilty to setting fire to an abandoned building on federal property.
This May 4, 2007, file photo shows former Sen. Alan Simpson, who served 18 years in the Senate, but as a teenager pleaded guilty to setting fire to an abandoned building on federal property.   (Ed Andrieski)
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When they been in the clink for 20 years and learned how to read and do things, why not (release them)? That's better than saying 'Sorry, we can't look at that file because you were sent here for life.' - Former Sen. Alan Simpson, who pleaded guilty to a crime as a teen

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61 comments
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donnz
Nov 8, 09 11:10 AM CST
I do not support the death penalty for anyone...but then, no I know has ever been murdered or raped...so I can afford to be 'philosophical. Reply
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+1
IN RESPONSE:
circuitries
Nov 8, 09 12:36 PM CST
Death penalty =/= a life sentence.
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+3
IN RESPONSE:
mehrheit
Nov 8, 09 12:59 PM CST
Nah, if you really believe it for philosophical reasons, personal tragedy will not change your mind. I've known both murder victims and murderers, as well as perpetrators and victims of other heinous crimes such as those described in the article. The victims in several cases were members of my family; the perpetrators I refer to were school mates, and in one case, a friend. Killing the guy who shot my cousin will not bring him back, nor bring back his brother who later committed suicide. Although this article is about life with no possibility of parole, not death penalty, I agree strongly with justice Kennedy's opinion and believe it applies here as well, when he said, "From a moral standpoint it would be misguided to equate the failings of a minor with those of an adult, for a greater possibility exists that a minor's character deficiencies will be reformed." The guy who beat, raped, and nearly killed my elderly aunt did not get a life sentence, and he was NOT a minor, though still quite young. I don't know what a 13-14yr old 'lifer' could do to PROVE he is beyond reform. Don't these judges remember being a 14yr old? If you think they should NEVER EVEN HAVE A CHANCE AT PAROLE(!) ask yourself, are you the same person, even a little bit, that you were at age 14? Have you learned anything since then?
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+7
IN RESPONSE:
edtastic
Nov 10, 09 1:23 PM CST
I know many rape victims including my mother and sister and they got over it to be perfectly honest. Our knee jerk reaction to rape being the ultimate crime downplays murder, torture, prolonged sexual and physical abuse. Rape should be punished but it is not in the same class as even more damaging crimes. I think we exagerate the impact of rape mainly because it involves sex which is taboo in America to begin with. In a place like India 95% of rapes are not reported. In the UK only 10% or reported rapes result in prosecution. Our social attitude towards it leads us to place it way too high on the human scale of evil acts. Rape is evil but lets keep it in a realistic context.
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Rocket448
Nov 8, 09 11:20 AM CST
This story reveals a darker side to the judicial system, one in which young black men are sentenced to a life behind bars for less-than-capital offenses. I am outraged that racism is allowed to flourish in a place of equality and justice. Now racists have a new robe, a black judges robe, to go with their white ones. Reply
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