Graham v. Florida
On May 17, 2010, the U.S. Supreme Court ruled that life-without-parole sentences for juveniles convicted of nonhomicide offenses are unconstitutional.
This landmark decision emphasizes the need for sentencing that reflects the lesser culpability of juveniles and their greater capacity for change, setting a precedent for reform in juvenile justice across the United States.
The Eighth Amendment states:
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
The Story of Terrence Jamar Graham
At just 16 years old, Terrence Graham's life took a dramatic turn when he and three teenage acquaintances unsuccessfully tried to rob a barbeque restaurant. His accomplice beat the manager with a steel bar. After pleading guilty to armed robbery with assault or battery in June 2004, Graham was put on probation, which he then violated six months later by allegedly participating in a home invasion.
Terrence's subsequent involvement in a home invasion violated his probation, resulting in a life sentence without the possibility of parole—a harsh sentence that seemed to seal his fate indefinitely to die in prison.
In 2010, the United States Supreme Court ruled 6-3 that Graham’s sentence was unconstitutional, stating that life sentences without parole in nonhomicide juvenile cases were in violation of the Eighth Amendment’s prohibition of “cruel and unusual punishment.”
The Graham v. Florida decision not only granted Terrence a chance at freedom but also set a precedent for juvenile justice reform across the nation.
Graham was resentenced to 25 years in prison following the US Supreme Court ruling, which many say was still harsh.
On February 14, 2024, Graham was released from prison after being incarcerated over 20 years.
Timeline: The Journey of Terrence Jamar Graham
- January 6, 1987: Terrence Jamar Graham is born.
- July 2003: At age 16, Terrence and three other school-age youths attempt to rob a barbeque restaurant in Jacksonville, Florida.
- Graham’s masked accomplice twice struck the restaurant manager in the back of the head with a metal bar.
- Graham was arrested for the robbery attempt.
- December 18, 2003: The charges against Graham were armed burglary with assault or battery, a first-degree felony carrying a maximum penalty of life imprisonment without the possibility of parole, §§810.02(1)(b), (2)(a) (2003); and attempted armed-robbery, a second-degree felony carrying a maximum penalty of 15 years’ imprisonment, §§812.13(2)(b), 777.04(1), (4)(a), 775.082(3)(c).
- Graham pleaded guilty to both charges under a plea agreement. He expresses his regret and a promise to change. The trial court accepted the plea agreement.
- The court withheld adjudication of guilt as to both charges and sentenced Graham to concurrent 3-year terms of probation.
- Graham was required to spend the first 12 months of his probation in the county jail.
- June 25, 2004: After serving time in county jail, Terrence is released on probation.
- December 2, 2004: Terrence is arrested following a home invasion robbery and subsequent events leading to a high-speed chase and his capture.
- Graham denied involvement in the crimes, but this arrest marks a violation of his probation terms.
- December 13, 2004: An affidavit is filed by Terrence's probation officer, alleging violations of probation conditions, including possession of a firearm and involvement in criminal activities.
- December 2005 - January 2006: The trial court holds hearings on Terrence's probation violations, ultimately sentencing him to life imprisonment for the armed burglary and 15 years for the attempted armed robbery.
- This sentence effectively removes any possibility of parole, as Florida had abolished its parole system.
- Under Florida's sentencing guidelines scoresheet, the minimum sentence Graham could receive absent a downward departure by the judge was 5 years’ imprisonment.
- The maximum was life imprisonment.
- Graham’s attorney requested the minimum nondeparture sentence of 5 years.
- A presentence report prepared by the Florida Department of Corrections recommended that Graham receive an even lower sentence—at most 4 years’ imprisonment.
- The State recommended that Graham receive 30 years on the armed burglary count and 15 years on the attempted armed robbery count.
- Florida has abolished its parole system; a life sentence gives a defendant no possibility of release unless he is granted executive clemency.
- 2006: Graham filed a motion in the trial court challenging his sentence under the Eighth Amendment .
- The motion was deemed denied after the trial court failed to rule on it within 60 days.
- 2008: The First District Court of Appeal of Florida affirmed, concluding that Graham’s sentence was not grossly disproportionate to his crimes.
- 2008: The Florida Supreme Court denied review.
- 2009: United States Supreme Court granted certiorari.
- May 17, 2010:
The United States Supreme Court ruled 6-3 that Graham’s sentence was unconstitutional, stating that life sentences without parole in nonhomicide juvenile cases were in violation of the Eighth Amendment’s prohibition of “cruel and unusual punishment.”
- His case, Graham v. Florida, becomes a landmark moment in juvenile justice that underscores the need for a justice system that recognizes the capacity for growth and rehabilitation in young offenders, paving the way for reforms that reflect a commitment to fairness, compassion, and the potential for redemption.
- February 2012: Graham is re-sentenced to 25 years in prison.
- 2017: Graham's lawyers argue that he should be entitled to a review of his sentence at 15 years under the new Florida juvenile review laws. This is denied and the court states Graham is entitled to a review at 20 years.
- FEBRUARY 14, 2024:
After 20 years, Graham is released from prison.
Co-Founder of PleadThe8th
At the heart of PleadThe8th lies the journey of Terrence Graham, whose personal story of challenge and change spurred the creation of an organization committed to reforming the justice system. As the co-founder, Terrence's pivotal Supreme Court case, Graham v. Florida, which highlighted the violation of the 8th Amendment's ban on cruel and unusual punishment, serves as a cornerstone for our mission.
Inspiring Change Through Advocacy
Terrence's pursuit of justice and rehabilitation for youth entangled in the criminal justice system is the driving force behind PleadThe8th. Our organization focuses on advocating for policies that recognize the potential for growth and transformation in young offenders. Our initiatives challenge excessive juvenile sentencing and promote rehabilitative, rather than punitive, approaches to juvenile justice. Our advocacy stems from the Supreme Court's recognition in Graham v. Florida of the fundamental principle that children are different in the eyes of the law, capable of change, and deserving of second chances.
A Personal Mission Becomes a Movement
The founding of PleadThe8th is deeply rooted in the belief in redemption and second chances. His landmark case, an illustration of the systemic flaws in sentencing juveniles, catalyzed a movement that seeks to ensure no other young individual faces the prospect of life without parole or excessive punishment for non-homicide offenses.
Through targeted education, advocacy, and strategic policy reform, PleadThe8th is committed to advancing the legacy of
Graham v. Florida. Our vision is a justice system that values equity, human rights, and acknowledges the transformative potential inherent in every young person. Terrence's story is not just one of overcoming adversity but that of hope and action to ignite others to join the fight for a just and equitable society.
Join PleadThe8th in the Fight for Justice
By supporting PleadThe8th, you are joining countless others in the vital mission to transform our justice system into one that truly serves and rehabilitates its youth.
Media Coverage
To learn more about Terrence's story and the impact of Graham v. Florida, you can explore the following media coverage:
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