Harrison, Mardi: Law Review Journals

This article gives insight into how the ruling in the Supreme Court case "Graham v. Florida" determined that a life without parole sentence on a juvenile nonhomicide offender constitutes cruel and unusual punishment, in violation of the Eighth Amendment.

This 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

This Note focuses on juvenile life without parole and current Eighth Amendment jurisprudence in the context of felony murder and makes two arguments. First, it argues that the Eighth Amendment as interpreted by Graham categorically prohibits sentencing those juveniles who do not kill or intend to kill to life without parole. Second, it argues that even without a categorical rule, lower courts properly applying Miller should resentence those who do not kill or intend to kill to something less than life without parole.

Excerpt by Mariko K. Shitama, Florida Law Review