1. Tony Simpson, age 14, broke into the home of 72 year-old Felicia Lopez with the intent of stealing money an?

1. Tony Simpson, age 14, broke into the home of 72 year-old Felicia Lopez with the intent of stealing money and other valuables. He encountered Ms. Lopez in her bedroom and demanded that she give him her purse. When she refused, Tony hit her over the head with a heavy lamp that was on a bedroom table and killed her. He was apprehended and charged with murder, burglary, and theft. Under Olympus law, anyone 14 years of age or older who is charged with murder must be tried as an adult. Olympus does not have the death penalty but instead has a law providing for mandatory life imprisonment without parole (LWOP) for anyone convicted of murder committed during the perpetration of another felony, including burglary. Tony was brought to trial and was convicted as charged. He therefore was subject to the mandatory LWOP sentence. He has appealed, arguing that mandatory LWOP for murder constitutes cruel and unusual punishment when imposed against a 14-year-old offender. For purposes of this exercise, assume that 40 other states allow LWOP for juveniles who commit murder and that a total of 58 offenders, from 12 states, are serving LWOP sentences, for committing murder at age 14 or younger. Is Tony’s constitutional challenge to his LWOP sentence likely to succeed? Provide a full analysis.