Abstract
In this case of first impression before the Supreme Court of North Carolina, the Court held that any juvenile sentence which, considered together, amounts to more than 40 years in prison before parole eligibility is a de facto sentence of life without parole. Applying this reasoning, the Court held that the defendant's two consecutive sentences of life with parole eligibility after 50 years served violated both the Eighth Amendment of the U.S. Constitution and the North Carolina state constitution protections against cruel and unusual punishment.
Abstract
In this case of first impression before the Supreme Court of North Carolina, the Court held that any juvenile sentence which, considered together, amounts to more than 40 years in prison before parole eligibility is a de facto sentence of life without parole. Applying this reasoning, the Court held that the defendant's two consecutive sentences of life with parole eligibility after 50 years served violated both the Eighth Amendment of the U.S. Constitution and the North Carolina state constitution protections against cruel and unusual punishment.
Summary
In a case of first impression, the Supreme Court of North Carolina determined that any juvenile sentence, when considered as a whole, exceeding 40 years before parole eligibility constitutes a de facto sentence of life without parole. Applying this principle, the Court concluded that the defendant's consecutive sentences of life imprisonment with parole eligibility after 50 years contravened both the Eighth Amendment of the U.S. Constitution and the North Carolina state constitution's safeguards against cruel and unusual punishment.
Abstract
In this case of first impression before the Supreme Court of North Carolina, the Court held that any juvenile sentence which, considered together, amounts to more than 40 years in prison before parole eligibility is a de facto sentence of life without parole. Applying this reasoning, the Court held that the defendant's two consecutive sentences of life with parole eligibility after 50 years served violated both the Eighth Amendment of the U.S. Constitution and the North Carolina state constitution protections against cruel and unusual punishment.
Summary
The Supreme Court of North Carolina ruled that any juvenile sentence exceeding 40 years before parole eligibility is effectively a life sentence without parole. This ruling, which sets a precedent in the state, was applied to a defendant's two consecutive life sentences with parole eligibility after 50 years. The Court determined that these sentences violated both the Eighth Amendment of the U.S. Constitution and the North Carolina Constitution's protections against cruel and unusual punishment.
Abstract
In this case of first impression before the Supreme Court of North Carolina, the Court held that any juvenile sentence which, considered together, amounts to more than 40 years in prison before parole eligibility is a de facto sentence of life without parole. Applying this reasoning, the Court held that the defendant's two consecutive sentences of life with parole eligibility after 50 years served violated both the Eighth Amendment of the U.S. Constitution and the North Carolina state constitution protections against cruel and unusual punishment.
Summary
The North Carolina Supreme Court ruled that any juvenile sentence adding up to more than 40 years before parole is essentially the same as a life sentence without parole.
Because of this, the Court decided that a defendant's two consecutive life sentences with parole eligibility after 50 years violated both the U.S. Constitution's Eighth Amendment and the North Carolina state constitution's protections against cruel and unusual punishment.
Abstract
In this case of first impression before the Supreme Court of North Carolina, the Court held that any juvenile sentence which, considered together, amounts to more than 40 years in prison before parole eligibility is a de facto sentence of life without parole. Applying this reasoning, the Court held that the defendant's two consecutive sentences of life with parole eligibility after 50 years served violated both the Eighth Amendment of the U.S. Constitution and the North Carolina state constitution protections against cruel and unusual punishment.
Summary
The Supreme Court of North Carolina decided that any sentence for a young person that adds up to more than 40 years in prison before they can be released on parole is basically a life sentence without parole.
The Court said that a sentence of two life terms, with the possibility of parole after 50 years, is too harsh. They said this sentence goes against the Eighth Amendment of the U.S. Constitution and the North Carolina state constitution, which both say that punishment can't be cruel or unusual.