Graham v. Florida and
Sullivan v. Florida
The Courts and the Constitution
FLREA Copyright 2011
Write down this statement:
A life sentence for a juvenile offender
should be considered cruel and unusual
punishment.
NOW…
• Write down if you agree or disagree with
this statement.
• Write down 2-3 reasons why you agree or
disagree with this statement.
If you agree with the statement, go:
Agree
If you disagree with the statement, go:
Disagree
FLREA Copyright 2011
Now…
Agree: Read your statements. If you are
repeating an idea that was already said, only add
new ideas.
Disagree: LISTEN CAREFULLY
to each argument!
FLREA Copyright 2011
DISAGREE
FLREA Copyright 2011
What argument from the “Agree’’ side
did you think was the most persuasive?
• This does not mean you agree with it,
just that it was a persuasive argument.
• DO NOT make any arguments yet (you
will get a turn). Just identify the most
persuasive argument.
Now…
FLREA Copyright 2011
Disagree: Read your statements. If you are
repeating an idea that was already said, only add
new ideas.
Agree: LISTEN CAREFULLY to
each argument!
AGREE
FLREA Copyright 2011
What argument from the “Disagree’’ side
did you think was the most persuasive?
• This does not mean you agree with it, just
that it was a persuasive argument.
• DO NOT make any arguments (you had
your turn). Just identify the most
persuasive argument.
Eighth Amendment
Eighth Amendment
Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments
inflicted.
The Hierarchy of Law
United States
Constitution
If there is a
conflict between a
lower law and a
higher one, the
higher one
“prevails”.
Acts of Congress
Federal Laws
State
Constitutions
State Statutes
(state laws)
City and County
Laws
The U.S.
Constitution is
the “Supreme
Law of the
Land.”
Developed by The Florida Law Related Education Association, Inc.
Terrance Jamar Graham
Terrance Jamar Graham
Jul 18, 2003
Dec 2003
June 2004
Dec 2004
December
2005 -2006
At age 16,
Graham and
his friends
attempted to
rob a
restaurant in
Jacksonville.
He wore a
mask.
Manager was
hit in head
with metal
pipe/ bar.
Graham pled
guilty to armed
burglary with
assault or
battery and
attempted
armed robbery –
sentenced to 3
years of
probation.
Several months
had to be served
in county jail.
Graham was
released early
due to time
served
awaiting trial.
Soon after
release,
Graham is
involved in an
armed home
invasion. Used
gun to
threaten
victims.
Positively
identified by
victim as
leader.
Trial court
hearings on
violation of
probation.
Eventually
Graham is
sentenced to
life in prison
without the
possibility of
parole.
Appeal
Fla Supreme
Court
Appeal
District Courts of Appeal:
(5 Districts)
Appellate Courts
Circuit Courts (Trial Courts) 20 circuits
County Courts: (Trial Courts) 67 counties
The State Courts in Florida
Developed by The Florida Law Related Education Association, Inc.
Criminal Trial Process in Florida
Sentencing
Developed by The Florida Law Related Education Association, Inc.
Different Kinds of Courts
Fair and Impartial Application of the Law
Trial Court
Appellate Court*
Judge sits individually
Panel of judges
Juries are present in certain cases
No juries
Prosecution/Plaintiff or
Defendant/Defense
Petitioner/Respondent or
Appellant/Appellee
Attorneys call witnesses and
present evidence.
No witnesses. Attorneys submit
briefs and present oral arguments
First opportunity for a case to be
heard. Establishes facts.
Determines if the law was applied
correctly and/or if the trial was fair.
*Appellate courts do not rehear the case over again. Appellate courts focus on
questions of law, NOT on questions of facts like the trial courts. The appellate
judges want to know whether the law was applied correctly.
Developed by The Florida Law Related Education Association, Inc.
Two Main Components of the Cases
• Sentencing procedures of juveniles
• Cruel and unusual punishment
Harmelin v. Michigan (1991)
• Petitioner has to demonstrate that the sentence
imposed raises an inference of “gross
disproportionality”
▫ “Gross disproportionality:” the sentence does not
fit the crime.
Roper v. Simmons (2005)
• Imposing the death penalty on a juvenile
defendant always violates the Eighth
Amendment
• Court cited “overwhelming” international
opinion against the juvenile death penalty
Should the Court extend Roper v.
Simmons to include life without a
possibility of parole?
Graham
State of Florida
• Life imprisonment without the
possibility of parole for a nonhomicide offense is a
disproportionate sentence on a
juvenile defendant
• Same standard should not
apply for adults and juveniles
• Life imprisonment without
parole is comparable to the
death penalty because they are
both irreversible
• “Death is different” – Court
has differentiated between the
death penalty and prison
sentences
• Court has never considered the
petitioner’s age when deciding
whether a sentence is
proportional to the crime
committed
Some Additional Facts
• The laws of 37 states, as well as the District of
Columbia and the federal government, permit
sentences of life imprisonment without parole
for juvenile non-homicide offenders in some
circumstances.
• Only 129 juvenile non-homicide offenders serve
life without parole sentences across the nation.
▫ 77 of them are sentences imposed in Florida
How should the criminal justice system
treat juvenile offenders?
Graham
State of Florida
• Juveniles have distinct
psychological and social
characteristics making them
more capable of rehabilitation
• A sentence of life
imprisonment without parole
for a non-homicide offense
does not serve the goals of
deterrence or rehabilitation.
• Adoption of the sentence of life
imprisonment without parole
for juveniles is in response to a
growing problem of juvenile
crime and, in some cases, it
fits the crime committed.
• Each state has a separate
juvenile system approved by
the legislature that reflects
their concerns about juvenile
offenders.
• Graham is not a first offender.
National and international consensus?
Graham
State of Florida
• There is a broad consensus
among states and nations of
the world that life
imprisonment without the
possibility of parole is not an
appropriate sentence for
juveniles convicted of nonhomicide offenses
• There is no national consensus
about life imprisonment
without the possibility of
parole for juveniles convicted
of non-homicide offenses
• International law should not
affect the Court’s decision
because the punishment
should reflect American
values. Most other countries
do not even have the death
penalty.
Appeal
Fla Supreme
Court
Appeal
First District Court of Appeal:
Appellate Court
Fourth Judicial Circuit Court (Trial Courts)
in Duval County, Florida
The State Courts in Florida
Developed by The Florida Law Related Education Association, Inc.
Graham v. Florida
The Supreme Court, 2009
Roberts
Breyer
Stevens
Kennedy
Scalia
Ginsburg
Thomas
Sotomayor
Alito
Question Before the Court
Does a life sentence without parole for a juvenile convicted
of a non-homicidal offense violate the Eighth Amendment's
prohibition of "cruel and unusual punishment?"
Graham v. Florida Oral Arguments
• http://www.oyez.org/cases/20002009/2009/2009_08_7412
• Listen to a portion of the oral arguments from
each side of the Graham v. Florida case.
• Do not show the outcome/decision of the court
at this point.
Now it is your turn to be the judge…
Does a life sentence without parole of a juvenile convicted
of a non-homicidal offense violate the Eighth Amendment's
prohibition of "cruel and unusual punishment?"
If you answer YES…
Is you answer NO…
• You are agreeing with Graham
• You are agreeing with the State
of Florida
Form Groups
• Form groups of 5
• Choose a Chief Justice
▫ Chief Justice maintains order
• Poll the justices. How did each one answer the
question and why?
• Try to come up with a unanimous decision
• You have 10 minutes to discuss and then take a
final poll.
Each Court Decides
• Bring the Chief Justices to the front of the room
to report the decision to each group
• Tally results and announce
• Note: While the Graham case was heard on its own,
another Florida case with a similar outcome was heard in
the U S Supreme Court the same day. (Sullivan case)
Opinion of the Court, 6-3
Majority Opinion
Dissenting Opinion
Roberts
Stevens
Kennedy
Breyer
Ginsburg
Sotomayor
Scalia
Alito
Thomas
The Decision : Graham v. Florida
• In a 6-3 vote, the US Supreme Court held that
the Eighth Amendment does not permit a
juvenile to be sentenced to life in prison without
parole for a non-homicide offense
• The Court noted that life sentences without
parole for juveniles who committed nonhomicide offenses has been “rejected the world
over”.
• Graham’s sentence was unconstitutional.
Listen to the opinion of the Court
• Graham v Florida opinion
• http://www.oyez.org/cases/20002009/2009/2009_08_7412
What happened
• The US Supreme Court reversed the decision of
the First District Court of Appeal in Florida.
• In February 2012, Terrance Jamar Graham was
resentenced by the original trial judge to a 25
year sentence.
Joe Harris Sullivan
In 1989 at age
13, Sullivan
broke into an
empty home
of an elderly
women to
steal jewelry
and clothes.
He was
accompanied
by two older
boys.
Sullivan
returned to
the house later
in the day and
he allegedly
beat and
raped the
woman. The
two older boys
accused
Sullivan of
actually
committing
the crimes.
Sullivan was
tried as an
adult and
convicted of 2
counts of
sexual battery,
2 counts of
burglary, and
1 count of
grand theft.
Due to his
extensive
criminal
history
including
multiple
felonies,
Sullivan was
sentenced to
life in prison
without the
possibility of
parole.
What about Sullivan v. Florida?
• Based on the decision in Graham v. Florida, the
writ of certiorari was dismissed for Sullivan v.
Florida.
• Sullivan now has the opportunity for a
resentencing hearing.
• http://www.pbs.org/wnet/need-toknow/culture/imprisoning-teenagers-forlife/938/
Citations
• http://www.law.cornell.edu/supct/cert/087412#facts
• http://www.oyez.org
• http://eji.org/eji/childrenprison/deathinprison/
sullivan.graham
• http://roomfordebate.blogs.nytimes.com/2009/
11/08/young-offenders-locked-up-for-life/