News & Politics

Imprisoned For Life

Did a 13 year-old boy sentenced to life in prison have a fair trial?

  • By Amy Bach

Next week the Supreme Court will hear arguments, in Sullivan v. Florida, about whether sentencing a 13-year-old boy to prison without the possibility of parole violates the cruel-and–unusual-punishment clause of the Constitution. Joe Harris Sullivan is one of two teenagers that young currently doing life without parole for a nonhomicide offense in the United States. His lawyers are hoping that the court will extend its 2005 bar on executing criminals who committed crimes as juveniles to Sullivan's sentence.

Whatever the court decides, its ruling will be based on the premise that Sullivan received a fair trial. The adequacy of that proceeding isn't before the justices now. But a brief review of the trial record reveals a process so pathetic that it raises questions about whether Sullivan committed the crime in the first place. It also seems that the trial judge may not have intended to sentence Sullivan to life without parole. In the end, that judge, along with the prosecutor and defense lawyer, failed Sullivan so deeply that we have to wonder whether his sentence reflects a deep and basic failure of ordinary criminal justice ... (Read the rest of this article in Slate).

Tags: children, crime, jurisprudence, law, punishment, Supreme Court

Amy Bach is the author of Ordinary Injustice: How America Holds Court. She is a graduate of Stanford Law School.

Comments

Its hard to judge. after all

By: ronfranksjr | Sat, 03/20/2010 - 05:11

Its hard to judge. after all a 13 year old boy ,is just a boy, and by law can not be held responsible for his actions unless extreme cases such as this. With a fair lawyer representation, he most likely had a fair trial. its a shame lawc is about show casing in the court house and nothing to do with hard facts!
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It must be so terrible for

By: laryhanis | Tue, 12/22/2009 - 03:16

It must be so terrible for people who are wrongly imprisoned, especially for crimes like murder and rape, knowing that no one believes that they are innocent and that to the whole world they are seen as criminals. Imagine getting handed a life sentance for something you know you didn't do, if it was me i would despair and i honestly think i might kill myself, i know i couldn't cope with it.
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I don't think Sullivan get

By: abshandra | Sat, 11/14/2009 - 05:00

I don't think Sullivan get fair trial in this case. Too many weird thing happen in the case. The main problem would be his attorney, who act as if he is not an attorney. No doubt that such an attorney suspended from his profession as an attorney. However, in case like Sullivan, there must be some more depth investigation about it. - Shandra from united states bankruptcy court

fair trial

By: SilasL | Mon, 11/09/2009 - 00:35

Everyone has the right to a fair trial. Whether he has committed the rape or not still he has entered the house for burglary. But still he must be convicted for the crime that he really committed. This case must really be investigated thoroughly and fairly without prejudice for the offender. The woman involved must have suffered a lot on this concerning about her age and condition. The boy should have proposed a family business so that he won’t need to do burglary.

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