Can a juvenile get sentenced to “life without parole”?

Under a 2010 Supreme Court opinion, juvenile offenders cannot receive life in prison without the possibility of parole as a sentence.

1. What did the Supreme Court say?

In the case of Graham v. Florida, the Court said life without parole for juvenile offenders contravenes the evolving standards of decency through which we evaluate the Eighth Amendment. Such a punishment leaves no room for redemption.¹

Here is part of what Justice Kennedy wrote for the majority:

“The juvenile should not be deprived of the opportunity to achieve maturity of judgment and self-recognition of human worth and potential…Life in prison without the possibility of parole gives no chance for fulfillment outside prison walls, no chance for reconciliation with society, no hope.”²

The Court’s message is gratifying, especially for those of us in California (one of the eleven states that have imposed this kind of sentence) who face significant challenges presented by a tough-on-crime justice system and correspondingly overburdened prison system.

Perhaps the Court’s message will reverberate. Perhaps our justice system and correctional system can mature as well and fulfill their potential.

Perhaps there’s room for redemption. Refer to our articles on California juvenile court laws and “How young is too young to appear at a juvenile hearing in California?”

2. Who gets tried in California’s juvenile court system?

Generally speaking, minors under the age of 18 are tried in the California juvenile court system.

But note that there are cases in which younger minors can be tried in adult court.

Legal References: