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CRIMINAL JUSTICE

Attorneys for Florida juvenile `lifers' present case to Supreme Court

Lawyers for two Florida men who were sentenced to life without parole as juveniles will argue to the U.S. Supreme Court Monday that the penalty is cruel and unusual.

lclark@MiamiHerald.com

Attorneys for two Florida teenagers serving life in prison without the possibility of parole told the U.S. Supreme Court on Monday that such sentences violate the Constitution's ban on cruel and unusual punishment and juveniles should get a chance at release.

But several justices appeared unpersuaded that such prison terms are not appropriate for extremely violent crimes.

Justice Samuel Alito asked about several cases -- including one in which a juvenile offender raped an 8-year-old girl, ``burying her alive.''

``There are some who deserve life without parole,'' he said, noting cases ``so horrible you can't imagine.''

The justices heard two hours of arguments stemming from two cases in Florida -- which defense attorneys said leads the nation in the number of inmates serving life without parole for crimes committed while they were teens. The two before the court: Terrance Jamar Graham, convicted of armed robberies when he was 16 and 17, and Joe Sullivan, who was convicted of raping an elderly woman when he was 13.

Attorneys for the two argued that the court in a 2005 ruling prevented those younger than 18 from being sentenced to death for their crimes because young offenders are more easily swayed and lack the judgment of adults.

And life without parole, argued Bryan Stevenson, an attorney for Sullivan, is comparable to a death sentence.

``To say to any child of 13 that you are only fit to die in prison is cruel,'' he said.

The lawyers noted that such sentences are rarely imposed, suggesting a ``social consensus'' that they are cruel and unusual.

But Chief Justice John Roberts suggested they are used rarely because courts may ``appreciate the gravity of the sentences.'' He suggested that judges should consider age at sentencing, but the lawyers are arguing that such sentences be declared unconstitutional.

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