Question

A boy, age twelve, had friends who convinced him to carry a gun to a robbery. No one was injured in the robbery, and the boy never used the weapon. However, the boy was caught and charged with a crime. At trial, a judge sentences the boy to life in prison.

How can the boy’s counsel use the Eighth Amendment to support his case? Give your response in at least two complete sentences.

Answer 1

Counsel can argue the life sentence violates the Eighth Amendment’s ban on cruel and unusual punishment because the Supreme Court bars life without parole for juveniles convicted of non‑homicide offenses (see Graham v. Florida) and has recognized that juveniles are less culpable and more capable of rehabilitation (Roper v. Simmons; Miller v. Alabama). Based on these precedents, counsel should ask the court to vacate the life sentence and either impose a lesser, proportionate term or ensure meaningful parole eligibility.