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Legal Commentary
: AlthouseConstitutionally, death is different... youth is different.
WITHOUT MURDER, it's cruel and unusual punishment to sentence a juvenile to life in prison without parole, writes Justice Kennedy for a 6-3 Court. Dissenting, Justice Thomas criticizes the majority for imposing "an exacting constraint on democratic sentencing choices based on ... such an untestable philosophical conclusion": "that a 17-year-old who pulls the trigger on a firearm can demonstrate sufficient depravity and irredeemability to be denied reentry into society, but... a 17-year-old who rapes an 8- year-old and leaves her for dead does not."
Full post as published by Althouse on May 17, 2010 (boomark / email).
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