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Tuesday, May 18, 2010 – Daily News – 5A Court rules out some life sentences for juveniles WASHINGTON (AP) — The Supreme Court took two cracks at one of the law’s thorniest questions Monday: When can you lock up a prisoner and throw away the key? Not when it’s a teenager who hasn’t killed anyone, the justices said. But when it’s a ‘‘sexually dangerous’’ inmate, maybe so, even if he has completed his feder- al prison sentence. By a 5-4 vote, the court said young people serving life prison terms must have ‘‘a meaningful opportunity to obtain release’’ if they haven’t killed their victims. The majority opinion by Justice Anthony Kennedy extended the ‘‘children are different’’ rationale that drove his decision five years ago that outlawed the death penalty for killers under 18. The court ruled in the case of Terrance Graham, who was implicated in armed robberies when he was 16 and 17. Graham, now 23, is in prison in Flori- da, which holds 60 percent of juvenile defendants who are locked up for life for crimes other than homicide. ‘‘The state has denied him any chance to later demonstrate that he is fit to rejoin society based solely on a non-homicide crime that he committed while he was a child in the eyes of the law,’’ Justice Anthony Kennedy wrote in his majority opinion. ‘‘This the Eighth Amendment does not permit.’’ In a second case, the court voted 7-2 to uphold a 24 HOUR TOWING Removal. 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Hoyt-Cole Chapel of the Flowers Funerals • Cremations • Prearrangements 816 Walnut Street | Red Bluff (530) 527-1174 www.chapeloftheflowers.net Enjoy Girlfriends Day at the Historic Red Bluff State Theatre MAMMA MIA! Saturday, May 22, 2010 THE MOVIE 4 pm Wine Tasting in the Lobby by California Kitchen Company 5 pm Movie • All Seats $5.00 RELIABLE SERVICE Junk Cars, Trucks & RV FAST liberal justices held sway and Justices Antonin Scalia and Clarence Thomas were in dissent. federal law that allows for the indefinite imprisonment of inmates considered men- tally ill and ‘‘sexually dan- gerous,’’ no matter that their sentences have been served. Solicitor General Elena Kagan successfully argued the government’s case in front of the Supreme Court in January. Kagan has now been nominated to replace the retiring Justice John Paul Stevens. Kagan compared the government’s power to commit sexual predators to its power to quarantine a federal inmate whose sen- tence has expired but who has a highly contagious and deadly disease. The decision is in keep- ing with previous high court cases that have upheld state civil commitment laws for sexual predators. States hold the vast majority of sex offenders who are in prison. In both cases, the court’s ALSCO, INC. Since 1948 535 Antelope Blvd., Red Bluff (530) 527-4001 • PVC PIPE & FITTINGS • LAWN AND GARDEN SUPPLIES • DESIGN & INSTALLATION ON ALL SHAPES & SIZES OF IRRIGATION PROJECTS • AGRICULTURE & DOMESTIC PUMPS Clint Heiber & Russ Harman owners Lic#381307 8am-12pm Mon.-Fri. 8am-5pm Sat. Life sentences with no chance of parole are rare for juveniles tried as adults and convicted of crimes less serious than killing, although roughly three dozen states allow for the possibility of such prison terms. Kennedy said 129 inmates in the United States are serving such terms. Those inmates are in Florida, the federal system and ten other states — Cali- fornia, Delaware, Iowa, Louisiana, Mississippi, Nebraska, Nevada, Okla- homa, South Carolina and Virginia — according to a Florida State University study that the court supple- mented with independent research. More than 2,000 other juveniles are serving life without parole for killing someone. Their sen- tences are not affected by Monday’s decision. Justice Thomas criti- cized the majority for imposing ‘‘its own sense of morality and retributive jus- tice’’ on state lawmakers and voters who chose to give state judges the option of life-without-parole sen- tences. Justice Samuel Alito also dissented, and Chief Justice John Roberts, while siding with Graham in the Florida case, opposed applying the court’s ruling to all young offenders who are locked up for crimes other than murder. Said Thomas: ‘‘I am unwilling to assume that M-F 7am-6pm * Now on Facebook we, as members of this court, are any more capable of making such moral judg- ments than our fellow citi- zens.’’ Kennedy said the high court ruling does not ensure anyone’s release. ‘‘What the state must do, however, is give defendants like Gra- ham some meaningful opportunity to obtain release based on demon- strated maturity and rehabil- itation,’’ Kennedy said. Kennedy wrote the Supreme Court opinion in 2005 that ruled out the death penalty for people under 18, judging them less responsible than adults. Monday’s decision is an extension of the rationale he used then. An expert in sentencing law suggested the outcome could produce difficulties for judges and lawyers in cases of young offenders. For example, are extremely long sentences of 35 years to 40 years that offer no chance at parole before release constitution- al? The court’s ‘‘ruling like- ly will produce challenges for lawyers and lower courts to determine just whether and when other extreme prison terms are constitutionally problemat- ic,’’ said Ohio State Univer- sity law professor Douglas Transmission 440 Antelope Blvd. #12 Red Bluff YOUR PET FOOD SOURCE 25 years professional experience. Quality Work Very Reasonable Rates • Automatic • Manual • Parts • Computer Diagnosis • Clutches • Transfer Cases • CV Axles We have Olive Oil! Lucero & Pacific Sun Milling Wheat into Flour Using Organic & Local Ingredients www.rossersbakery.com 446 Antelope Blvd. #38 Left side of Antelope Holiday Mkt 529-1687 * Summer Hours: 6am-2pm Effective May 31st transmission, parts and needs CALL TODAY! 529-4493 See us for all your 10% OFF TRANSMISSION FLUSH Bring ad to redeem special Not good with any other offer. SERVICE Thru May 31, 2010 Two Great Events in June at Tehama Family Fitness Center “Come in and be treated like family” Girlfriends Day May 22nd We pay honor to all of the 150 nominees for Girlfriends Day. Thank you for being the example of a true friend. Congratulations to our 5 Winners and their Girlfriends Peggy Jessop Carole Mueller Maria Schaul Wanda Welch Cathy Wilson Come and join us at the Well-Being Faire at Heartfelt Designs The Gold Exchange May 22nd 50% off All Jewelry 528-8000 No Layaways 413 Walnut St., Red Bluff Monday - Friday 10am-5:30 pm • Saturday. 11 am-4 pm One Day Only TFFC Womathalon June 5th Women of all ages are encouraged to participate in this 10 event test of strength, agility, and endurance. The Womathalon is a true test of fitness. Just finishing this contest is a great accomplishment. Tehama Pump & Run June 19th Tehama Pump and Run is a bench press and 5k race competition. Competitors first bench press their body weight or a percentage of it based on divi- sion. Each completed repetition on the bench press will reduce competitors 5k time by 30 seconds. Troy at 528-8656 or at Troy@tehamafamilyfitness.com Tehama Family Fitness Center To learn more about these events contact 2498 South Main St • Red Bluff 528-8656 • www.tehamafamilyfitness.com BUY ONE GET ONE Active Senior Citizens A Retirement Community for the Berman. In November, the jus- tices heard argument in two juvenile-sentencing cases. The other involved Joe Sul- livan, also of Florida, who was sent away for life for raping an elderly woman when he was 13. The court did not issue an opinion in Sullivan’s case, but he will benefit from the Graham ruling. In Monday’s sex offend- er case, the court said the federal civil commitment law is appropriate for main- taining ‘‘the security of those who are not impris- oned but who may be affected by the federal imprisonment of others.’’ Lower federal courts held that Congress over- stepped its authority when it enacted a law allowing the government to hold indefi- nitely people who are con- sidered ‘‘sexually danger- ous.’’ But ‘‘we conclude that the Constitution grants Congress legislative power sufficient to enact’’ this law, Justice Stephen Breyer said in his majority opinion. The law has been invoked for roughly 100 federal prisoners. Authori- ties must persuade a federal judge that continued impris- onment is necessary and also must try to transfer prisoners to state control. The challenged provi- sion was part of the Adam Walsh Child Protection and Safety Act that President George W. Bush signed in 2006. 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