Should The 8th Amendment's Ban On Cruel And Unusual Punishment

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On Wednesday, November 4th, 2009, Supreme Court will hear a case testing whether the Eighth Amendment's ban on cruel and unusual punishment prohibits sentencing a teen to life in prison without parole for a non homicide crime. When it comes to jail and punishments, kids are inexperienced and don't know the consequences of the own crimes; kids are vulnerable and punishments are usually too hard for the adolescents to process and understand, which is inhuman.
In the Joe Sullivan's case, he and two accomplices robbed a 72-year-old woman, then he and a confederate allegedly returned to her home and raped her. Sullivan was tried in adult court and sentenced to life without parole. He was 13. Sullivan was a mentally disabled child and was in a home with constant abuse and sexual assault. He couldn't live the rest of his life. Terrance Jamar Graham tried to rob a restaurant with two accomplices. He was charged as an adult, pled guilty to armed burglary charges, and received one year behind bars and three years probation. But when he violated probation, Graham was sentenced, without trial, to life
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Despite a global consensus that children cannot be held to the same standards of responsibility as adults and recognition that children are entitled to special protection and treatment, the United States allows children to be treated and punished as adults. More than 25% of people serving life without parole after being sentenced as children were convicted of felony murder or accomplice liability, meaning they were not the primary perpetrators of the crime, and may not have even been present at the time someone was killed. Children sentenced to life in prison without parole are often the most vulnerable members of our society. Nearly 80 percent of juvenile lifers reported witnessing violence in their homes; more than half (54.1%) witnessed weekly violence in their