The Courts and the Constitution

FLREA Copyright 2011
Is a life sentence for a juvenile offender cruel and unusual punishment?
NOW…
• Write down yes or no in response to this question.
• Write down 2-3 reasons for your response.

Is a life sentence for a juvenile offender cruel and unusual punishment?
If you answered “yes”, go:
YES
If you answered “no”, go:
NO
FLREA Copyright 2011

YES
: Read your reasoning. If you are repeating an idea that was already said, only add new ideas.
NO:
LISTEN CAREFULLY to each argument!
FLREA Copyright 2011

FLREA Copyright 2011
NO
Which argument from the “YES’’ 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 .

FLREA Copyright 2011
NO
: Read your reasoning. If you are repeating an idea that was already said, only add new ideas.
YES:
LISTEN CAREFULLY to each argument!

FLREA Copyright 2011
YES
Which argument from the “NO’’ 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.

Appeal Fla
Supreme
Court
U.S.
Supreme
Court
Appeal District Courts of
Appeal
5 Districts
Circuit Courts (Trial Courts) 20 circuits
County Courts: (Trial Courts) 67 counties

Fair and Impartial Application of the Law
Trial Court Appellate Court*
Judge sits individually Panel of judges
Juries are present in certain cases
Prosecution/Plaintiff or
Defendant/Defense
Attorneys call witnesses and present evidence.
First opportunity for a case to be heard. Establishes facts.
No juries
Petitioner/Respondent or
Appellant/Appellee
No witnesses. Attorneys submit briefs and present oral arguments
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.
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Circuit Courts (Trial Courts) 20 circuits
County Courts : (Trial Courts) 67 counties
Developed by The Florida Law Related Education Association, Inc.

Pre-Trial Motions and
Hearing
Arraignment
First Appearance
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Terrance Jamar Graham

Jul 18, 2003 Dec 2003 June 2004
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.

Circuit Courts (Trial Courts)
4th Circuit

Dec 2004 December
2005 -2006
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.
Developed by The Florida Law Related Education Association, Inc.

Following the probation hearing, the trial court found Graham guilty of the alleged violations and sentenced him to life imprisonment without the possibility of parole.
He was nineteen years old at the time of his sentencing.
The trial court announced its reasoning behind the sentence and stated in pertinent part
:
Developed by The Florida Law Related Education Association, Inc.

“Mr. Graham, as I look back on your case, yours is really candidly a sad situation. You had, as far as I can tell, you have quite a family structure. You had a lot of people who wanted to try and help you get your life turned around including the court system, and you had a judge who took the step to try and give you direction through his probation order to give you a chance to get back onto track. And at the time you seemed through your letters that that is exactly what you wanted to do. And I don't know why it is that you threw your life away. I don't know why.
Developed by The Florida Law Related Education Association, Inc.

. . . [I]in a very short period of time you were back before the Court on a violation of this probation, and standing before me, literally
— facing a life sentence as to — up to life as to count 1 and up to 15 years as to count
2.
Developed by The Florida Law Related Education Association, Inc.

“So then it becomes a focus, if I can't do anything to help you, if I can't do anything to get you back on the right path, then I have to start focusing on the community and trying to protect the community from your actions. And unfortunately, that is where we are today is I don't see where I can do anything to help you any further. You've evidently decided this is the direction you're going to take in life, and it's unfortunate that you made that choice.”
Developed by The Florida Law Related Education Association, Inc.

Appeal
Was Graham’s sentence grossly disproportionate to his crime?
Did the punishment fit the crime?
In Graham’s case, does the imposition of a life sentence without parole on a juvenile violate the
Eighth Amendment's prohibition of "cruel and unusual punishment?"
Circuit Courts (Trial Courts)
4th Circuit
Developed by The Florida Law Related Education Association, Inc.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Appeal
District Courts
of Appeal:
1st DCA found that Graham’s sentence was not grossly disproportionate to the crime and declined to impose a ban on life sentences for juveniles.
Circuit Courts
4 th Circuit
Developed by The Florida Law Related Education Association, Inc.

Appeal
Appeal
Fla Supreme
Court
First District Court of Appeal:
Appellate Court
Florida Supreme
Court denied
U.S. for lack of
Fourth Judicial Circuit 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?"
Developed by The Florida Law Related Education Association, Inc.

• The punishment must be appropriate and proportional to the crime.
For example: If you are caught running in the hallway at school, is a year of detention a fair punishment? Is it
proportionate to the rule you broke?

• Imposing the death penalty on a juvenile defendant always violates the Eighth
Amendment
• Court cited “overwhelming” international opinion against the juvenile death penalty

Graham v. Florida

Roberts Stevens Kennedy Ginsburg Sotomayor
Breyer Scalia Thomas
Alito

• http://www.oyez.org/cases/2000-
2009/2009/2009_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.

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…
• You are agreeing with Graham
Is you answer NO…
• You are agreeing with the State of Florida

• 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.

• Bring the Chief Justices to the front of the room to report the decision to each group
• Tally results and announce

Majority Opinion Dissenting Opinion
Roberts Stevens Kennedy Scalia Alito Thomas
Breyer
Ginsburg Sotomayor

• 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.

• Graham v Florida opinion
• http://www.oyez.org/cases/2000-
2009/2009/2009_08_7412

• 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.

• http://www.law.cornell.edu/supct/cert/08-
7412#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/