Question

A boy, age twelve, had friends who convinced him to carry a gun to a robbery. No one was injured in the robbery, and the boy never used the weapon. However, the boy was caught and charged with a crime. At trial, a judge sentences the boy to life in prison. How can the boy’s counsel use the Eighth Amendment to support his case? Give your response in at least two complete sentences.

Answer 1

Sample response: The boy's counsel could argue that the sentence is cruel and unusual punishment. This is prohibited by the Eighth Amendment. The boy does not have the judgment of an adult and cannot be punished as an adult. In fact, even if the boy were an adult, life in prison could be a cruel or unusual sentence.

Answer 2

The boy's counsel could argue that the sentence is cruel and unusual punishment. This is prohibited by the Eighth Amendment. The boy does not have the judgment of an adult and cannot be punished as an adult. In fact, even if the boy were an adult, life in prison could be a cruel or unusual sentence.