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73. Did the life-without-parole sentence violate the Eighth Amendment ban on cruel and unusual punishment?
A defendant, a 14-year-old male, was tried as an adult for an armed robbery and was convicted. No one had been physically harmed during the robbery. In light of the defendant's lengthy juvenile criminal history, which included violent offenses, and the fact that armed robbery is a crime of violence, he was sentenced to life in prison without the possibility of parole.
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A is incorrect. As discussed above, the Eighth Amendment prohibits mandatory life sentences without parole for a defendant under the age of 18 at the time of the crime. Here, the defendant was a minor at the time he committed robbery, and therefore, he cannot be sentenced to mandatory life imprisonment without parole.
B is incorrect. The Eighth Amendment applies to any imposition of disproportionate punishment for crimes, including incarceration and capital punishment. Here, the defendant was sentenced to life imprisonment without parole, which deals with incarceration. Therefore, the Eighth Amendment applies.
D is incorrect. This conclusion is correct but the reasoning regarding the impermissibility of this type of sentencing for a non-violent crime is not applicable. The facts state that the defendant committed armed robbery, which is a violent crime.