Cruel and Unusual Victory

The lead story in today’s New York Times, titled “Justices Limit Life Stentences for Juvenies,” describes a new ruling by the Supreme Court forbidding the application of life-without-parole sentences for juveniles convicted of crimes without a murder.

Justice Kennedy, as usual, played a pivotal role in the decision, with this central element approved by a 5-4 vote (the case itself was decided narrowly in a 6-3 decision). It was a key Supreme Court ruling — the first time a category of offenders was excluded from a punishment that did not involve the death penalty.

The Eighth Amendment’s prohibition of cruel and unusual punishments was the basis for the decision, and the article noted the continuing debated about whether an evolving society affected the definition of “cruel and unusual.” In a Neandrethal-like statement, Justice Thomas wanted to apply the definition of “cruel and unusual” when the Bill of Rights was adopted. Of course, at that time, slavery still ruled in the land.

The decision overturns laws in 37 states, Washington, D.C., and the federal government. However, only 129 juvenile offenders are directly affected by the decision, 77 of them in Florida.

Enlightened decisions like this one demonstrate the critical role the Supreme Court plays in our society as a harbinger of new attitudes in consonance with our changing values, attitudes the public in many states may not be willing to accept. Brown vs. Board of Education comes prominently to mind.