Justice Roberts Signals No Ban on Life in Prison for Juveniles
Chief Justice John Roberts signaled today at oral arguments in the Supreme Court in two cases involving the constitutionality of life without parole sentences for juveniles convicted of non-homicide crimes, that he's not inclined to find them unconstitutional. Neither are Justices Antonin Scalia and Samuel Alito.
More receptive were Justices Ruth Bader Ginsburg and John Paul Stevens. (Update: transcripts of oral arguments here and here.)
Roberts suggested allowing a case by case review for proportionality rather than a constitutional ban.
Background on the cases is here. A more positive analysis of today's arguments at the LA Times. CBS legal analyst Andrew Cohen at Vanity Fair makes a good point about a related issue:
The same rationale behind the stupendous rise in our prison population — retribution over rehabilitation — has given rise to the practical demise of consistently meaningful parole review.
My view: Parole exists for good reason. It should not be used to convert life with parole into life without parole sentences.
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