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2011

Criminal law

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Death Is Not So Different After All: Graham V. Florida And The Court’S “Kids Are Different” Eighth Amendment Jurisprudence, Mary E. Berkheiser Feb 2011

Death Is Not So Different After All: Graham V. Florida And The Court’S “Kids Are Different” Eighth Amendment Jurisprudence, Mary E. Berkheiser

Mary E Berkheiser

Death Is Not So Different After All: Graham v. Florida and the Court’s “Kids Are Different” Eighth Amendment Jurisprudence Mary Berkheiser Abstract In Graham v. Florida, the United States Supreme Court declared that life sentences without the possibility of parole for non-homicides are off limits for all juveniles. Following its lead in Roper v. Simmons, the landmark decision in which the Court abolished the juvenile death penalty, the Court expanded on its Eighth Amendment juvenile jurisprudence by ruling that locking up juveniles for life based on crimes other than homicides is cruel and unusual and, therefore, prohibited by the Eighth …