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Cruel And Unusual Punishment: Adult Prison For Florida's Children, Mary E. Day
Cruel And Unusual Punishment: Adult Prison For Florida's Children, Mary E. Day
Mary E. Day
The manuscript addresses whether Florida law comports with the recent Supreme Court of the United States holding in Graham v. Florida that sentencing a nonhomicide juvenile offender to life without parole constitutes cruel and unusual punishment since such a punishment lacks opportunities for the youth to rehabilitate and reform. The manuscript asserts that consequently, Florida laws allowing for the direct filing of juvenile offenders such that they are subject to incarceration in adult prisons will not likely withstand a constitutional challenge as long as Florida's juveniles are denied opportunities for reform.