On yesterday, Wednesday, January 5, 2011, the Supreme Court of Wisconsin heard oral arguments on whether sentencing an individual to life in prison without the possibility of parole for a crime committed at the age of 14 violates the Eighth Amendment’s prohibition against cruel and unusual punishment. You can view/listen to a recording of the oral arguments on Wisconsin Eye or a quick overview as covered by WLUK/Green Bay.
Arguing against the State’s position that such sentences should be retained in the interest of retribution, defense counsel Bryan Stevenson, from the Equal Justice Initiative, relied on the United States Supreme Court decisions in Roper v. Simmons, which abolished the death penalty for juveniles*, and Graham v. Florida, in which the court abolished life sentences without the possibility of parole for juveniles (below age 18) convicted of non-homicides. Pointing to scientific studies on adolescent brain development, Stevenson argued that such sentences are inconsistent with our understanding of juvenile psychological development as well as a juvenile’s rehabilitative potential. His position can be summarized in a statement he made on rebuttal: “…[B]ased on what we know and understand about children and child status, to say to any child of 14 that you are fit only to die in prison is cruel…”
There are a number of states that have statutes permitting a juvenile to be sentenced to life in prison with eligibility for parole after a number of years, ranging from 10 to 40 years. The question is whether Wisconsin will become one of them.
