Court Reverses 196 Years Sentence Finding The Sentence To Be A Violation Of The Constitution As Cruel And Unusual Punishment

By: Wallin & Klarich

A 15 year old juvenile was convicted of murder, attempted murder and other serious crimes. After the conviction the judge sentenced the 15 year old youth to the maximum sentence allowable by law, a total of 196 years in prison.

The juvenile appealed and argued that his conviction amounted to “cruel and unusual punishment” under both the United States and California constitution. The California Court of Appeals agreed with the juvenile’s lawyers and has ordered the trial court to provide him with a new sentencing hearing.

The United States Supreme Court had recently ruled that it was not legal or constitutional for a minor to be sentenced to a life sentence without the possibility of parole. The court in this case determined that a sentence of 196 years in prison meant in effect that this minor had no chance of ever being released from custody. Thus they reversed the conviction.

This leads to a very interesting legal question. Do you believe that a juvenile should ever be sentenced to serve the rest of his life in prison without any chance of ever being released?

We would love to hear from you on this important juvenile criminal justice matter.

If you or a loved one is facing criminal charges it could impact the rest of your life. The best decision is to contact Wallin and Klarich. The criminal appeals attorneys at Wallin & Klarich have over 30 years of experience representing clients who wish to overturn criminal convictions in California. Call us toll free at 888-280-6839 or visit our website We will be there when you call.

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