Death Penalty Opponents Should Rethink Their Support for Life Without Parole Sentences

AUSTIN SARAT

Austin Sarat—Associate Provost and Associate Dean of the Faculty and Professor of Jurisprudence & Political Science at Amherst College—argues that life sentences without the possibility of parole (LWOP) are as problematic and damaging as the death penalty. For this reason, Professor Sarat calls upon death penalty opponents to reconsider their support for LWOP sentences.

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State v. Miles

Citation: 2021 S.D. 13

Opinion Date: February 24, 2021

Judge: Kern

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed Defendant's sentence entered after he pled nolo contendere to three counts of possession of child pornography pursuant to a plea agreement, holding that the sentence did not violate the Eighth Amendment or constitute an abuse of discretion. The circuit court sentenced Defendant to ten years' incarceration, with six years suspended on each count and credit for time served. The court ordered counts one and two to be served consecutively with count three to run concurrently. The Supreme Court affirmed, holding (1) Defendant's sentence did not violate the Eighth Amendment's prohibition against cruel and unusual punishment; and (2) the circuit court did not abuse its discretion in sentencing Defendant.

State v. Evans

Citation: 2021 S.D. 12

Opinion Date: February 24, 2021

Judge: Devaney

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's conviction of rape, kidnapping, aggravated assault, burglary, and other offenses, holding that there was no prejudicial error in the proceedings below. Specifically, the Supreme Court held that the circuit court (1) abused its discretion in admitting other act evidence from Defendant's ex-wife, but the error did not necessitate reversal; (2) followed the statutory procedures during jury selection such that structural or other reversible error did not occur; (3) did not err in denying Defendant's motion to suppress; and (4) did not abuse its discretion in admitting certain testimony.