STEVE INSKEEP, Host:
The question now is whether this amounts to cruel and unusual punishment - whether a life sentence, like the death penalty, is considered the wrong punishment for young people. Here's NPR legal affairs correspondent Nina Totenberg.
NINA TOTENBERG: Bryan Stevenson, who represents Joe Sullivan, concedes that there is a difference between the death penalty and life without parole. But he says that a life term is different from other prison sentences because it denies the prisoner any hope for a future.
M: They're just two different kinds of death sentences. One is death by execution, the other death by incarceration.
TOTENBERG: Nineteen states, led by Louisiana, have filed a brief supporting life sentences without parole for juveniles in non-homicide cases. Louisiana Attorney General James Buddy Caldwell.
M: I disagree that the juvenile crimes are any less culpable than adult crimes. These are young criminals. That's what they are, and the ones who are getting these sentences are the worst of those.
TOTENBERG: Not so, says lawyer Bryan Gowdy, who represents Terrance Graham. He says Graham's life without parole sentence for the restaurant robbery is unconstitutionally disproportionate.
M: This sentence is more than two times greater than what Florida is sentencing the average murderer to.
TOTENBERG: But Florida and its supporters say these are judgments that should be left to the states. Florida imposed its tough regime of life sentences to combat the crime wave in the 1990s, and the state says the tougher penalties have served as a deterrent. Again, Louisiana Attorney General Caldwell.
M: That's where the expertise is, not sitting in a court in Washington, D.C. in that building to decide what is best for each single state.
TOTENBERG: Juvenile advocate Stevenson, however, counters that no state legislature has expressly authorized sentences of life without parole for 13 or 14-year-olds. What Florida did was to make it easier to try youngsters as adults, and at the same time, the state also increased the number of non-homicide crimes for which an adult can be sentenced to life without parole.
M: Florida has no minimum age for trying a child as an adult. We could be talking about a six-year-old or a ten-year-old or a 12-year-old, and we think this is an instance where the court has to step in.
TOTENBERG: The subtext of these cases is the question of whether rehabilitation is possible or even desirable for juvenile repeat offenders, a subject about which even victims' rights organizations disagree. Shannon Goessling represents 33 victims' rights organizations.
M: This system is not set up for rehabilitation. It is set up for retribution and consequences and to allow defendants, whether 13 or 17, to be released after they commit these heinous crimes, is an injustice to the victims who have survived.
TOTENBERG: Temple University psychology professor Laurence Steinberg, past president of the Society for Research on Adolescence, acknowledges that there are some kids who are rotten and dangerous.
INSKEEP: The problem is that we're very bad about picking them out. And most adolescents who do harmful things when they are teenagers grow up to be law-abiding adults.
TOTENBERG: Former Republican Senator Alan Simpson is among a group of one-time juvenile offenders who are urging the court to do away with the life-without-parole punishment for juveniles. Simpson, by his own account, raised hell as a teenager, went around town shooting off a gun, starting fires, destroyed property, even hit a policeman. When kids commit serious crimes, he says...
F: You don't salt them away for life. You pick them out of there at the age of 30 or 40 and say, have you learned to read? What have you done in here? Are you the assistant librarian? You make the best license plates? What are you doing? If they just grunt, throw them in there for the rest of their lives. But for God's sake, give a guy a chance if he's trying to do something different and sort them out case by case.
TOTENBERG: Shannon Goessling of the victims' rights organizations supporting life terms is unswayed.
M: They are recidivists. They have had every opportunity to avoid being in prison for the rest of their lives. They knew the consequences of their conduct.
TOTENBERG: Nina Totenberg, NPR News, Washington.
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