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1991-06-26
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Subject: 89-7272 -- DISSENT, HARMELIN v. MICHIGAN
SUPREME COURT OF THE UNITED STATES
No. 89-7272
RONALD ALLEN HARMELIN, PETITIONER
v. MICHIGAN
on writ of certiorari to the court of appeals of michigan
[June 27, 1991]
Justice Stevens, with whom Justice Blackmun joins, dissenting.
While I agree wholeheartedly with Justice White's dissenting opinion, I
believe an additional comment is appropriate.
The severity of the sentence that Michigan has mandated for the crime
of possession of more than 650 grams of cocaine, whether diluted or
undiluted, does not place the sentence in the same category as capital
punishment. I remain convinced that Justice Stewart correctly
characterized the penalty of death as "unique" because of "its absolute
renunciation of all that is embodied in our concept of humanity." Furman
v. Georgia, 408 U. S. 238, 306 (1972) (Stewart, J., concurring).
Nevertheless, a mandatory sentence of life imprisonment without the
possibility of parole does share one important characteristic of a death
sentence: The offender will never regain his freedom. Because such a
sentence does not even purport to serve a rehabilitative function, the
sentence must rest on a rational determination that the punished "criminal
conduct is so atrocious that society's interest in deterrence and
retribution wholly outweighs any considerations of reform or rehabilitation
of the perpetrator." Id., at 307. Serious as this defendant's crime was,
I believe it is irrational to conclude that every similar offender is
wholly incorrigible.
The death sentences that were at issue and invalidated in Furman were
"cruel and unusual in the same way that being struck by lightning is cruel
and unusual." Id., at 309. In my opinion the imposition of a life
sentence without possibility of parole on this petitioner is equally
capricious. As Justice White has pointed out, under the Federal Sentencing
Guidelines, with all relevant enhancements, petitioner's sentence would
barely exceed 10 years. Ante, at 20. In most States, the period of
incarceration for a first offender like petitioner would be substantially
shorter. No jurisdiction except Michigan has concluded that the offense
belongs in a category where reform and rehabilitation are considered
totally unattainable. Accordingly, the notion that this sentence satisfies
any meaningful requirement of proportionality is itself both cruel and
unusual.
I respectfully dissent.
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