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State v. Green7/30/1998
"Courts are not representative bodies. They are not designed to be a good reflex of a democratic society. Their judgment is best informed, and therefore most dependable, within narrow limits. Their essential quality is detachment, founded on independence. History teaches that the independence of the judiciary is jeopardized when courts become embroiled in the passions of the day and assume primary responsibility in choosing between competing political, economic and social pressures."
Id. at 175, 49 L. Ed. 2d at 875 (quoting Dennis v. United States, 341 U.S. 494, 525, 95 L. Ed. 1137, 1160-61 (1951) (Frankfurter, J., concurring in affirmance of judgment)). The Gregg Court went on to explain:
Therefore, in assessing a punishment selected by a democratically elected legislature against the constitutional measure, we presume its validity. We may not require the legislature to select the least severe penalty possible so long as the penalty selected is not cruelly inhumane or disproportionate to the crime involved. And a heavy burden rests on those who would attack the judgment of the representatives of the people.
This is true in part because the constitutional test is intertwined with an assessment of contemporary standards and the legislative judgment weighs heavily in ascertaining such standards. " n a democratic society legislatures, not courts, are constituted to respond to the will and consequently the moral values of the people."
Id. at 175, 49 L. Ed. 2d at 876 (quoting Furman v. Georgia, 408 U.S. 238, 383, 33 L. Ed. 2d 346, 432 (1972) (Burger, C.J., Dissenting)). As the Supreme Court more recently reiterated, " he clearest and most reliable objective evidence of contemporary values is the legislation enacted by the country's legislatures." Penry v. Lynaugh, 492 U.S. 302, 331, 106 L. Ed. 2d 256, 286 (1989); see also Stanford v. Kentucky, 492 U.S. 361, 370, 106 L. Ed. 2d 306, 318 (1989) ("`First' among the `"objective indicia that reflect the public attitude toward a given sanction"' are statutes passed by society's elected representatives.").
This Court similarly has recognized that substantial deference is to be afforded the legislature because it is the role of the legislature and not the courts to decide the proper punishment for individuals convicted of a crime. Higginbottom, 312 N.C. at 763-64, 324 S.E.2d at 837; State v. Cradle, 281 N.C. 198, 209, 188 S.E.2d 296, 303, cert. denied, 409 U.S. 1047, 34 L. Ed. 2d 499 (1972).
An examination of defendant's punishment in this case indicates it clearly comports with the "evolving standards of decency" in society. Effective 1 May 1994, the General Assembly lowered the age of possible transfer to superior court from fourteen to thirteen years of age. Ch. 22, secs. 25-27, 1993 N.C. Sess. Laws (Extra Session 1994) at 75. Prior to 1 October 1994, individuals convicted of first-degree sexual offense were subject to a mandatory term of life imprisonment. N.C.G.S. § 14-1.1 (1986) (superseded by N.C.G.S. § 15A-1340.17 (1997) (making life imprisonment mandatory only for first-degree murder)). Defendant committed the crimes for which he was convicted on 27 July 1994. Once he was transferred to superior court and found guilty of first-degree sexual offense, defendant was sentenced to the mandatory punishment of life imprisonment. Our State's appellate courts repeatedly have held that a mandatory life sentence for first-degree sexual offense is not cruel and unusual punishment under either the state or federal Constitutions. State v. Holley, 326 N.C. 259, 262, 388 S.E.2d 110, 111 (1990); State v. Cooke, 318 N.C. 674, 679, 351 S.E.2d 290, 293 (1987); Higginbottom, 312 N.C. at 764, 324 S.E.2d at 837. Ther
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