18 And a Life To Go

Iraq doesn't do it. North Korea considers it a cruel form of punishment. But in the United States sentencing a juvenile to life in prison without the possibility of parole is legal.

But on November 9, the U.S. Supreme Court will take up two cases involving juvenile offenders in Florida who claim their life sentences for rape and robbery violate the cruel-and-unusual-punishment clauses of the Constitution.

There are about 2,500 juveniles (ranging in age from 13 to 17) currently sentenced to life in prison in the United States. No other country in the world currently has adolescents serving this sentence, reports the Frank C. Newman International Human Rights Law Clinic.

"We aren't saying that all of these kid offenders should be let out," says Connie de la Vega, Professor of Law at University of San Francisco School of Law. "They should be given a chance to rehabilitate themselves. They should be given the chance to apply for parole, even if it's after 10 or 15 years."

The cases the Supreme Court will hear are Sullivan v. Florida and Graham v. Florida, involving cases of rape and robbery by a then 13-year-old and a 17-year-old, respectively. If the court determines these sentences are unconstitutional, Joe Sullivan, now 33, and Terrance Graham, now 22, currently serving life sentences without the possibility of parole, could each be granted a new hearing to determine a revised sentence.

If the court finds the sentence unconstitutional, it could give them the right to go before a parole board to determine whether they are fit to assimilate back into society. It's not a get-out-of-jail-free card, human-rights advocates are quick to note. Some juvenile offenders could still be forced to spend life behind bars, while others are set free early. "We don't let them vote or enter into contracts, but we are subjecting kids to sentences that are for a mature adult," says de la Vega. "I think the red flag is, How could we be the only country in the world doing this? Why are we treating our kids so badly?"

But some argue that juveniles should be forced to serve "adult time" when they commit serious crimes. "Most juveniles don't rape, rob, and kill. At some point, it has to be about holding people responsible," says Scott Burns, executive director of National District Attorneys Association, which filed a brief supporting the constitutionality of the sentence.