THE GROWING PAINS OF GRAHAM V. FLORIDA: DECIPHERING WHETHER LENGTHY TERM-OF-YEARS SENTENCES FOR JUVENILE DEFENDANTS CAN EQUATE TO THE UNCONSTITUTIONAL SENTENCE OF LIFE WITHOUT THE POSSIBILITY OF PAROLEThis article will provide a basic understanding of Eighth Amendment jurisprudence and then explores how the most recent United States Supreme Court cases of Graham v. Florida17 and Miller v. Alabama18 affect juvenile resentencing.19 Additionally, this article addresses the most recent trend presented in juvenile cases where the juvenile defendant is charged as an adult, tried as an adult, and sentenced accordingly.20 Specifically, the issue of a lengthy term-of-years sentence in states such as California and Florida appear to be the battleground of diverse opinions, more so perhaps than other states.
Excerpt by Therese A. Savona, St. Thomas Law Review