Commentary: Cruel and unusual punishment | McClatchy Washington Bureau

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Opinion

Commentary: Cruel and unusual punishment

The Miami Herald

November 11, 2009 12:27 PM

It was a remarkable coincidence. While the U.S. Supreme Court this week was considering whether teenage criminals deserve to be sentenced to life in prison without parole in cases that do not involve homicide, three South Florida teens were charged as adults for setting fire to another teenager.

The horrible suffering inflicted on 15-year-old Michael Brewer of Deerfield Beach represents one of the most abhorrent crimes South Florida has witnessed in a long time, which is saying a lot. Five teens acting in concert, according to the police, doused him with alcohol and set the boy aflame. The victim has managed to survive thus far, with burns over 65 percent of his body, but he remains in critical condition and his life will be changed forever.

This is precisely the kind of case that makes juries, prosecutors and judges want to "send a message" to other would-be criminals by imposing sentences severe enough to match the crime. The question before the Supreme Court is whether sentencing juveniles to life in prison without parole in such circumstances constitutes cruel and unusual punishment.

It is no coincidence that the cases before the court came from Florida, because this state leads the nation in the number of criminals serving life sentences for crimes they committed while juveniles in which no one was killed. Out of 106 such prisoners, 77 are in Florida. This is not something to be proud of.

Instead, argued the attorneys who want the court to ban such sentences, it is something to be ashamed of. The lopsided numbers indicate widespread repudiation of such sentences elsewhere.

To read the complete editorial, visit The Miami Herald.

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