Mandatory life in prison declared unconstitutional for juvenile offenders by TN Supreme Court

NASHVILLE, Tenn. (WTVF) — The Tennessee Supreme Court has ruled that sentencing juveniles to mandatory life in prison is unconstitutional because it is cruel and unusual punishment.

After his Knox County conviction to a mandatory life sentence of 60 years when he was 16 years old, Tyshon Booker appealed to the Tennessee Supreme Court to challenge the constitutionality of such a sentence that was made without consideration of his youth or other circumstances.

Booker was convicted of first-degree felony murder and especially aggravated robbery. At least 51 years of his 60-year sentence required service in prison.

The Tennessee Supreme Court granted a review to consider Booker's challenge.

In its decision, the Court explained that no other state imposes a mandatory sentence of more than 50 years for a single juvenile offense. The consideration of a juvenile's age and other circumstances are necessary, as has been ruled in previous U.S. Supreme Court cases citing the Eighth Amendment.

The Eighth Amendment to the United States Constitution says: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

In a narrow ruling, Booker's sentence was not changed, but he was granted a parole hearing after he has served between 25 and 36 years in prison. This is more in line with the practices of almost half of other U.S. states.

Tennessee Supreme Court Justice Holly Kirby wrote a concurring opinion wherein she emphasized that Tennessee is the only state in which juveniles face a mandatory sentence of more than 50 years for first-degree murder with no aggravating factors.

“In the entirety of the nation,” Kirby wrote, “Tennessee stands alone.”

Justice Jeff Bivins and Chief Justice Roger Page dissented.