In 2009 the US Supreme Court heard arguments in the cases of Graham v. Florida and Sullivan v Florida, both dealing with non-homicidal crimes committed by the petitioners before the age of 18 and for which they were sentenced to LWOP (life imprisonment without parole). Life without parole means that a juvenile––possibly of any age in certain states––can be tried as an adult and sentenced to live out his or her life in prison and die there without any chance of release. The question before the court is whether sentencing a youth to life in prison without any chance of review or release constitutes a violation of the Constitution.
The Graham and Sullivan Cases
According to the Statement of Case, Terrence Graham, the petitioner in Graham v Florida, was convicted of being an accomplice in an armed robbery committed when he was 16. He pled guilty to the crime and was sentenced to three years probation after some jail time. Under his plea agreement, Graham waived any right to be sentenced as a "juvenile" or "youthful offender" under Florida law. Later, Graham's probation officer reported him for probation violations that included possession of a firearm, robbery and fleeing police, and association with individuals engaged in criminal activity. He admitted to the charge of fleeing, and based on a "preponderance of evidence" for the other crimes was sentenced to life in prison without parole.
Joe Sullivan was arrested at age 13, in 1989, and tried as an adult for "sexual battery." The Statement of Case does not go into as much detail as the Graham case, but other information describes his crime as rape of an elderly woman. He was sentenced to life without parole.
