Jason Clem was 16 when, in the course of robbing the restaurant he worked at, he murdered his boss. Clem was sentenced to a life term.
Now, 12 years later, Clem’s lawyers argue that punishment is unconstitutional. The 4th Circuit Court of Appeals in Richmond heard his case Tuesday.
Under Virginia law, there are only two options for punishment when a minor is a murderer: one is the death penalty, the other is a life sentence.
But Julie McConnell, director of the Children’s Defense Clinic at The University of Richmond, says there’s a serious problem with that.
“The U.S. Supreme Court has said that the death penalty is an unconstitutionally harsh punishment for juveniles so that is not an option," McConnell says. "They’ve also said that mandatory life sentences are unconstitutionally harsh for juveniles so that is not an option either.”
The Supreme Court also took the unusual step of saying their ruling applied retroactively to all minors who had been previously sentenced to life for murder. It was that decision that has given rise to Clem's current case.
Virginia argues though, that it’s still possible for a judge to use their discretion and issue a lesser sentence -- meaning that the state's law could still stand.
McConnell says that argument is weak.
“That’s nonsensical, because that’s not what the statute says, and until we rewrite the statute they’ve really created a problem for courts,” says McConnell.
The 4th Circuit Court of Appeals isn't expected to issue a ruling immediately. When it does come, it could determine whether Virginia lawmakers will have to rewrite the law.
