California Supreme Court Agrees To Review Case Alleging Cruel And Unusual Punishment

PRLog (Press Release) - Apr. 14, 2011 - LOS ANGELES -- The California Supreme Court has agreed to review the case of People v. Caballero in which a 16-year old schizophrenic, Rodrigo Caballero, was sentenced to 110 years to life for attempted murder in a Palmdale gang-related shooting.  

The case alleges it is unconstitutional to imprison juveniles for lengthy prison sentences without hope of parole when the crime does not result in a death.

David Durchfort, counsel for Caballero, argued that the 110 year-to-life sentence is cruel and unusual punishment because it assures he will die in prison.  Children who do not commit murder, but receive high sentences that extend parole eligibility beyond life expectancy, are deprived of the chance to rehabilitate themselves and eventually reenter society.  According to Durchfort, Caballero’s 110-year-to-life sentence was imposed without regard to his mental illness, lack of prior record, or potential for growth and maturity.  

“This case has the potential to dramatically change the juvenile justice landscape in California,” Durchfort said.  “Should we prevail before the California Supreme Court, minors convicted of serious crimes that carry lengthy sentences will finally have hope that rehabilitation and eventual freedom is not beyond their reach.”