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Juvenile Appeals 112-Year Sentence

Blog 2015 February Juvenile Appeals 112-Year Sentence
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Juvenile Appeals 112-Year Sentence

Posted By Stepniak & Park || 9-Feb-2015

The Ohio Supreme Court is using precedent established in Florida in their decision as to whether or not they can constitutionally send an individual to prison for life for a crime committed as a juvenile.

In the 2010 case tried in Florida, the United States Supreme Court determined that it was unconstitutional to sentence a juvenile to life imprisonment with no chance of parole unless a murder had been committed. The case established that doing so would violate the Eight Amendment, which speaks of cruel and unusual punishments.

This case is quite similar, involving a 15-year-old boy who was charged with, in addition to other charges, the robbery, kidnapping, and rape of a college student.

The youth in question was sentenced to 112 years in prison, 10 years for each of his convictions, as well as an additional 12 years for using a firearm during the incident. He would not be eligible for a release due to rehabilitation until he is 92 years old, which his attorney posits effectively means no chance of release. She is pushing for the review chance to come earlier so that if the young man has shown he is capable of functioning well in society, he can at least spend a few years with friends and family on the outside.

There is significant push back on this case, however, including from the judge who performed the original sentencing, who stated in no uncertain terms that the entire intent of the harsh sentencing was for the young man to spend his entire life behind bars.

There are very specific laws in place to protect our nation’s youth, including not only protecting them from crimes, but also preventing them from suffering their entire lives in jail due to a crime committed while still a child. There are exceptions, of course, and laws will always be subject to different interpretations, but it will be interesting to see how the Ohio Supreme Court comes down on this case.

Source: http://www.dispatch.com/content/stories/local/2015/02/04/court-to-decide-if-112-year-sentence-constitutional.html

Categories: Violent Crimes

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