Graham and Comstock
Two important criminal defense related opinions were released by the USSCT today - Graham v. Florida and United States v. Comstock. Graham holds that sentencing a juvenile to life without parole is cruel and unusual punishment in violation of the Eighth Amendment, at least in a non-capital case. Comstock holds that the Necessary and Proper Clause of the Constitution gives the government the authority to incarcerate a sexually dangerous federal prisoner indefinitely, beyond the time that he was sentenced to.
There's plenty of commentary out there already, so I'll keep it short. Scott Greenfield thinks that the two decisions are irreconcilable:
There isn't any way to reconcile these decisions, as the thread between them seems never to meet. Yes, children should not be treated as harshly as animals to appease the fear of adults who despise them from a distance. But even adults, even the mentally ill, even those who are so hated by society as to be deemed unworthy of our slightest consideration, are supposed to be worthy of an opportunity for redemption.Taken separately, these decisions offer much to chew on. Taken together, they offer no coherent penal philosophy. Taken that they come from the same court, they offer no clue what we stand for.
I disagree. All analysis aside, looking at the bare facts on the surface of each case, we have 1) children being locked up for life sentences; and 2) bad terrible sex offenders who could hurt children if we let them out of their cages. Law enforcement, legislators, and appellate courts follow the thinking and sentiment of the public-at-large, and the rationale behind each case can be summed up with one simple statement: "Think of the children . . ."
More commentary at A Public Defender, Gamso for the Defense, and Liberty and Justice for Ya'll.
