Compare And Contrast State V. Booker

The Tennessee Supreme Court (“Supreme Court”) in State v. Booker modernized the imposition of an automatic life sentence on a juvenile homicide offender by finding such a sentence as unconstitutional. In Booker, the juvenile defendant (“Mr. Booker”) was sentenced to life in prison after being convicted of first-degree felony murder. Mr. Booker, and a juvenile friend, rode in the victim’s car when the victim pulled his car to a curb where Mr. Booker shot him six times in the back, chest, and right shoulder. Mr. Booker appealed his sentencing to the Tennessee Court of Criminal Appeals which acknowledged Mr. Booker’s challenge to the constitutionality of the automatic life sentence when imposed on a juvenile homicide offender, but it affirmed the sentence, citing precedence. The Supreme Court reversed the Court of Criminal Appeals decision but leaves Mr. Booker’s sixty year prison sentence allowing for a probation hearing after twenty-five to thirty-six years where his age and other circumstances may be considered. The Supreme

The Supreme Court’s approach to the constitutionality of an automatic life sentence for juvenile homicide offenders focused on youth charged as juveniles while failing to acknowledge the modern trend to transfer juveniles to adult court for prosecution, resulting in a failure to incorporate protections for juveniles sentenced in adult court. Part II of this comment will review the history of case law concerning sentencing of juvenile offenders. Part III will evaluate the details and holding in Booker. Part IV will evaluate the Court’s reasoning in Booker. Part V will suggest how the Court may further protect juveniles in the justice