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University of Michigan Law School

Michigan Law Review First Impressions

Children

2010

Articles 1 - 2 of 2

Full-Text Articles in Law

Kids Are Different, Stephen St.Vincent Sep 2010

Kids Are Different, Stephen St.Vincent

Michigan Law Review First Impressions

The Supreme Court recently handed down its decision in Graham v. Florida. The case involved a juvenile, Graham, who was sentenced to life in prison after being convicted as an adult of a nonhomicidal crime. The offense, a home invasion robbery, was his second; the first was attempted robbery. Due to Florida's abolition of parole, the judge's imposition of a life sentence meant that Graham was constructively sentenced to life without parole for a nonhomicide crime. Graham challenged this sentence as unconstitutional under the Eighth Amendment. Somewhat surprisingly, the Supreme Court invalidated Graham's sentence by a 6-3 majority. By a …


Strong Medicine: Toward Effective Sentencing Of Child Pornography Offenders, Kristin Carlson Sep 2010

Strong Medicine: Toward Effective Sentencing Of Child Pornography Offenders, Kristin Carlson

Michigan Law Review First Impressions

In recent years, possessors of child pornography have entered the federal criminal justice at an alarming rate. In 2006, child pornography cases accounted for sixty-nine percent of the child exploitation cases that were prosecuted federally. Average federal sentences for these offenses also rose sharply, by about 300 percent over the past fourteen years. The mean sentence imposed for child pornography offenses increased from thirty-six months in 1994 to 109 months by 2008. The severe sentences imposed on possessors of child pornography in federal courts have inspired an ongoing deb ate. Critics feel the U.S. Sentencing Guidelines are too harsh on …