The Supreme Court has ruled that the 8th Amendment's "cruel and unusual" clause prohibits life imprisonment without the possibility of parole for minors comitting non-homicidal crimes. That is, teens under 18 who don't kill anybody can't be thrown in jail forever without at least a chance that they can be deemed worthy of another chance.
The Court has previously held that the death penalty can't be applied to juveniles or in cases not involving murder. The present case expanded the Court's examination to life sentences. The "liberal" bloc, as expected, voted to overrule the sentence, whereas the "conservative" wing voted to uphold - except for Roberts, who filed a concurrence with Kennedy's opinion. Roberts would not erect a categorical prohibition, as in Kennedy's opinion, but rather would allow age as a factor in determining the reasonableness of sentences. Thomas dissented:
Although the text of the Constitution is silent regarding the permissibility of this sentencing practice, and although it would not have offended the standards that prevailed at the founding, the Court insists that the standards of American society have evolved such that the Constitution now requires its prohibition.
The news of this evolution will, I think, come as a surprise to the American people.
The Court does not conclude that life without parole itself is a cruel and unusual punishment. It instead rejects the judgments of those legislatures, judges, and juries regarding what the Court describes as the "moral" question of whether this sentence can ever be "proportionat[e]" when applied to the category of offenders at issue here.
I am unwilling to assume that we, as members of this Court, are any more capable of making such moral judgments than our fellow citizens. Nothing in our training as judges qualifies us for that task, and nothing in Article III gives us that authority