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Where a juvenile offender is sentenced to a term of 40 years in prison for a second degree homicide, and that sentence places her in a worse position than if she had been given a life sentence for first degree murder, does the forty-year sentence violate the eighth amendment to the United States Constitution's prohibition against cruel and unusual punishment?
Question Presented Where a juvenile offender is sentenced to a term of 40 years in prison for a second degree homicide, and that sentence places her in a worse position than if she had been given a life sentence for first degree murder, does the forty-year sentence violate the eighth amendment to the United States Constitution's prohibition against cruel and unusual punishment? i : II.