1,000-Year Prison Sentences Upheld in Case Hinged on Eighth Amendment
A divided Florida Supreme Court ruled that convicted rapist Arthur O'Derrell Franklin's three 1,000-year prison sentences do not violate the U.S. Constitution because he's still eligible for parole — when he's 387 years old.
November 12, 2018 at 10:27 AM
3 minute read
Arthur O'Derrell Franklin of Jacksonville was sentenced to three millenniums behind bars for raping and torturing three women, and the Florida Supreme Court struggled to decide whether that violated the Eighth Amendment, which forbids cruel and unusual punishment.
The justices upheld Franklin's prison term 4-3, ruling that it didn't violate the U.S. Constitution because he's still eligible for release — in the year 2352.
Franklin was convicted of a slew of offenses, including armed kidnapping, armed sexual battery, aggravated assault, but not murder. His victims survived the ordeal.
The court considered that Franklin, 51, was a teenager at the time of his crimes in the 1980s but was also struck by the brutality of the rapes — specifically the “extraordinary cruelty and a perverse enjoyment of the suffering he was inflicting.”
The majority pointed out in a per curiam opinion that, “the physician who performed the sexual assault battery exam testified that the victim suffered the worst injuries the physician had ever observed.”
Chief Justice Charles Canady and Justices Ricky Polston, R. Fred Lewis and Alan Lawson stood by the ruling, relying on 2010 U.S. Supreme Court case Graham v. Florida.
In that case, the court ruled that juveniles who had not committed murder couldn't be sentenced to life in prison without parole, “based on a demonstrated maturity and rehabilitation.” According to the majority, Franklin's sentence doesn't violate Graham because it includes parole, so his sentence stands.
Justice Barbara Pariente dissented with an opinion, backed by Justices Peggy Quince and Jorge Labarga.
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