Because 77 of those offenders are serving sentences imposed in Florida and the other 52 are imprisoned in just 10 States and in the federal system, it appears that only 12 jurisdictions nationwide in fact impose life without parole sentences on juvenile nonhomicide offenders, while 26 States and the District of Columbia do not impose them despite apparent statutory authorization.
To me, the statement above was perhaps the most compelling part of today’s Supreme Court opinion in Graham v. Florida, in which the Court held that the Eighth Amendment bars life imprisonment for juvenile defendants whose crimes do not involve death. The fact that such a high percentage of juveniles sentenced to life are in Florida doesn’t necessarily surprise me, but it does sadden me.
The significance of the case is clear: no longer will juveniles be subject to sentences of life without parole. What our communities are going to do to integrate these individuals back into society is another question—one that Florida is going to have to address quite soon, apparently.
An article in today’s St. Pete Times tells the story of just one aspect of how changes in sentencing law and structure can have unforeseen consequences. The story is that of Ian Manuel, who shot a woman in the face in the course of a robbery attempt. The victim survived. According to the article, Manuel accepted a 15 year plea deal but was sentenced to life, without the possibility of parole, as parole has not applied to Florida crimes since the mid-1980′s. His trial counsel is quoted as saying, “We were shocked, but there was nothing we could do because it was within the sentencing range.” He is still serving that sentence and expected that he would do so until his death. Pending Florida cases, Sullivan v. State and Graham v. Florida, follow the logic applied in Roper v. Simmons, which held that the death penalty is cruel and unusual punishment as applied to defendants under age 18, and argue that it is also cruel and unusual to sentence children to life in prison when no victim was killed during the course of their crimes. We shall have to see what happens with those cases as time goes on.
The article goes into great detail about the life Manual has served and the deprivation he has suffered in prison and also discussed the risks he faces if he is released. It is a terribly compelling story.