When is The Punishment Just Too Great For a Juvenile Crime?
A 17 year old was recently convicted of committing a forcible sex act with two minors. There is no doubt that the juvenile committed a horrible act that caused pain and suffering to the two minors. However, the judge sentenced the minor to 40 years to life in state prison. This means that he will not be eligible to be considered for parole until he is 47 years old. He appealed and said this type of sentence for a 17 year old is “cruel and unusual punishment” under our constitution. The Court of Appeals in Orange County recently upheld his conviction and sentence. The Juvenile Criminal Defense Attorney from Wallin & Klarich has over 40 years of experience successfully defending juvenile clients and making sure that they do not serve excessive prison terms.
Constitutional Right Against Cruel and Unusual Punishment
The eighth amendment of the U.S. Constitution prohibits the government from imposing cruel and unusual punishments. This amendment is often thought to prevent the government from torturing U.S. citizens, but the eighth amendment’s protections go further than that.
In a 2005 U.S. Supreme Court decision (Roper v. Simmons), the Court ruled that execution of people who are under the age of 18 at the time they committed their crimes violates the constitutional guarantee against cruel and unusual punishments. The Court heard testimony from medical and psychological experts that showed that a juvenile’s brain is not matured to the level of an adult and that delayed maturation affects the culpability determination of the juvenile.
More recently, the Supreme Court has decided that sentencing a juvenile to life in prison without the possibility of parole was also a violation of the eighth amendment. (Miller v. Alabama)
The United States is one of the few countries that have not signed the United Nations’ Conventions on the Rights of the Child. That Convention bans life sentences without parole and execution for individuals under the age of 18.
30 Year Sentence for a Juvenile
The goal of juvenile punishment is to rehabilitate the minor. Even when a minor commits a heinous crime, a 30 year sentence in state prison will likely exceed the amount of time that the minor needs to be rehabilitated.
Juvenile Justice Judges have many options when it comes to sentencing juveniles. In addition to jail or prison time, the Judge can place the juvenile on probation, order the juvenile to serve in the Juvenile Court Work Program, order the juvenile to undergo counseling, etc.
Your Wallin & Klarich Juvenile Defense Attorneys can help you or your child argue for one of these rehabilitative programs instead of going to jail.
Juvenile Criminal Defense Attorney
If you or a loved one has been charged with a crime as a juvenile, you need an experienced Juvenile Criminal Defense Attorney to represent you. The Juvenile Criminal Defense Attorneys from Wallin & Klarich have over 40 years of experience successfully defending juvenile clients and making sure that they do not serve excessive prison terms. We have the knowledge and experience to help assist you in your case. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks. Call us now at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.