Archive for the ‘Legal Knowledgebase’ Category

Just how much about your life are you divulging on Facebook, Twitter or MySpace or other social media Web sites every day?

Well, here’s some sobering news: what you say on Facebook or any of the other sites could some day come back to haunt you in a legal proceeding from a divorce case to an accident investigation to a workplace injury settlement.

How so?

Well, it seems that attorneys across the nation are finding that people’s Facebook profiles often offer up lots of fascinating information about their personal lives.

“Forgot to de-friend your wife on Facebook while posting vacation shots of your mistress? Her divorce lawyer will be thrilled,” according to an Associated Press story posted online this week about how divorce lawyers are using personal tidbits found online as part of their cases against estranged spouses. “Oversharing on social networks has led to an overabundance of evidence in divorce cases,” the story continued.  “The American Academy of Matrimonial Lawyers says 81% of its members have used or faced evidence plucked from Facebook, MySpace, Twitter and other social networking sites, including YouTube and LinkedIn, over the last five years.”

You have been warned.

But it’s not just divorce cases.

This can happen in all kinds of legal cases.

Let’s say you have a workplace injury and then are home recovering and getting medical treatment. Well, you’d better not be posting photos of your Italy vacation or your visit to a big local amusement park.

Somebody, we can assure you, is watching.

Privacy online is a continuously evolving issue nowadays.

And if you’re not thinking about it as a serious concern yet, it’s about time that you start thinking about how your online presence can affect your life in ways you never imagined.

It’s not just potential impacts involving legal cases.

It also involves potential employers if you are seeking a new job. You can bet they are out there online “Googling” your name and seeing what they come up with about you. Are you a risky hire? Are there embarrassing or negative things that will torpedo your job chances? It’s all out there for others to see.

There are, however, steps you can take to better protect your online privacy.

The San Francisco-based Electronic Frontier Foundation offers its top 12 tips to protect your online privacy, which includes:

*Do not reveal personal information inadvertently. Be careful what you post.

*Don’t reveal personal details to strangers or just-met “friends”.  That means leaving out such things as the year of your birth because it can more readily identify you and help identity thieves.

*Remember that YOU decide what information about yourself to reveal, when, why, and to whom.

What’s important to remember is that you ultimately are responsible for the personal information that you place up on social networking Web sites like Facebook.

Be sure that you carefully go through every step of the privacy settings so that you can better protect yourself from divulging information and details that you want to remain private.

Often the default privacy settings on such sites are not very private.  That means that you need to go step-by-step to confirm that they are protecting you and your reputation so that things don’t come back to haunt you.

More and more today, legal cases are involving evidence and discovery garnered from social media Web sites such as Facebook, according to a story last month in The Washington Post. In a case involving two brothers who were badly burned while making repairs in a Wal-Mart store, the defense perused through almost three years of Facebook and MySpace posts to bolster its arguments, the story reported. “David Hersh, the attorney who represented the [men], said such subpoenas have become standard practice in litigation and are ‘meant to discover information that would be embarrassing or might be used adversely even if it has nothing to do with the claim,’” the story said.

“Eben Moglen, a Columbia University law professor and director of Software Freedom Law Center, calls Facebook ‘one big database of hundreds of millions of people containing the kind of information far beyond what the secret police in 20th-century totalitarian regimes had,’” according to the Post.

What this all means is you have to be careful about what you post and what you allow others to post about you.

Your reputation is important to you and you can be hurt faster than you can say  “I’m not worried.”

Find out all you can about protecting your privacy online by reading up on the subject online at Web sites including the Electronic Privacy Information Center and the Center for Democracy & Technology.

This is not child’s play.

This is serious stuff and can and will affect you when you least expect it.

Protect yourself now, before it’s too late.

Better to act now than have a future legal case or job offer or other important life event go corkscrewing into the ground in a crash of epic proportions if your personal information is ever used against you.

Life does come at you fast, and it can be even faster and potentially more damaging online.

Don’t be a victim.

If you need legal advice after something like this has already happened to you, be sure to talk with your attorney.

Have fun online, but don’t forget to be careful.

You’re the only one truly watching out for you.

Remember that each time you post something.

Being a patient in a hospital can help extend your life through excellent medical care, but at the same time, hospitals can be one of the most dangerous places to get a life-threatening infection that can complicate your treatment.

A new state report from the Pennsylvania Department of Health concludes that 25,914 patients undergoing surgeries and other treatments in hospitals last year had their conditions complicated by infections they picked up during their stays, according to a blog post today in The Philadelphia Inquirer.

That’s a lot of infections and a lot of patients who are often made sicker than they were when they went in to the hospitals.

In the meantime, more can and should be done to stop this problem to better protect patients and reduce health costs.

The report for the first time covers a full year of infection data from 250 hospitals in the Commonwealth, breaking it down by individual facilities, according to the Inquirer story.

For prospective patients, the data can show what the post-surgery infection rates are in a wide range of hospitals across Pennsylvania, while for the institutions, the report can serve as a yardstick to continue to work to reduce this troublesome problem.

Patients certainly shouldn’t be sicker after their surgery than they were before they came in, due to infections they pick up while in the hospital.

That’s just outrageous in today’s world.

Patients can sue and take legal action in such cases to obtain deserved monetary awards, but they simply shouldn’t have to go through such increased pain and suffering in the first place.

The U.S. Centers for Disease Control and Prevention (CDC) in Atlanta estimates that 1.7 million healthcare-related infection cases occur in hospitals each year across the nation, including 99,000 deaths. The national statistics break down with 32% of the cases being related to urinary tract infections, while another 22% are surgical site infections. Some 15% are pneumonia (lung infections), while 14% are bloodstream infections.

In the new Pennsylvania report, the figures are a bit different. Here, the most common infection complications came from surgeries, with 6,277 cases, or 23.7%, based on data collected by the CDC. Urinary tract infections  made up 6,145 cases, while gastrointestinal infections made up 4,848 cases and bloodstream infections totaled 3,271 cases.

Better reporting of in-hospital infection cases is a great start, but improved procedures and infection prevention practices is also necessary to ensure patient safety.

As a health care consumer, you have a right to expect to go into a hospital and come out feeling better, not getting sicker, due to your stay.

In the event you get an in-hospital infection during a hospital stay, be sure that you seek legal help and advice to help protect your legal standing and your family.

So what can you do as a health care consumer to avoid getting such an infection in the first place?

You can search online and investigate your local hospitals and get their rates of such infections before you ever set foot in the place.

Here are some great tips from the Pennsylvania Department of Health’s Clean Hands Save Lives Program:

*Choose a good hospital and a healthcare provider you trust.

*Ask your surgeon lots of detailed questions about your risk for infection and means of prevention.

*If you smoke and you’re going to need surgery, stop smoking well before your scheduled surgery date. Patients who smoke are three times more likely to develop a surgical site infection as nonsmokers, and have significantly slower recoveries and longer hospital stays.

*If you are overweight, try to lose weight before having surgery. People who are at a healthy weight will have a lower risk of infection following surgery.

*If you have diabetes, talk to your healthcare provider about ways to control your blood sugar before, during and after any hospital stay. High blood sugar levels have been found to increase the risk of getting an infection. Be sure to inform your doctor of any medications you are taking.

*Ask your healthcare provider about showering or bathing with chlorhexidine soap three to five days before surgery. This can help remove any dangerous bacteria you may be carrying on your skin.

*Tell your doctor about any medications you are taking, including vitamins, herbal medicines, and over-the-counter medications.

*When possible, treat any existing infections you may have before having any type of surgical procedure. This includes all infections, not just those near the portion of your body undergoing surgery.

*While in the hospital, wash your hands often and carefully. The simple act of washing your hands is perhaps the single most effective way you can avoid getting an infection. It’s equally important to help your doctors, nurses, and other medical staff to remember to wash their hands as well.

*Make sure hospital staff cleans and disinfects any surfaces or equipment you may come in contact with, such as bed rails, sinks, and medical equipment. A common source of bacteria are stethoscopes, which caregivers often do not clean between patients. Before your doctor or nurse uses a stethoscope, ask that it be cleaned with alcohol.

*Ask anyone who is coughing to wear a mask or stay at least six feet away from you. This will help reduce your risk of getting an infection that is transmitted through the air. If possible, have family and friends postpone visits if they are feeling ill.

*Watch for proper catheter use, and ask about your options. Catheters are long, thin flexible tubes that are inserted in your body to deliver or remove fluids. Because they enter through the skin or a body opening, they can allow infections to enter your body. Ask your doctor about the benefits of using a catheter that is coated with antibiotics or silver-chlorhexidine to reduce infections. Try to avoid a urinary tract catheter if possible, as this is one of the most common sources of infection.

*Avoid touching your hands to your mouth, nose, or eyes, or setting food or utensils on the furniture or bed. Some types of germs can live for many days on surfaces and can cause infections if they get into your nose, eyes, or mouth.

*If you have an IV, make sure that it’s cleaned properly when inserted and removed, and that it’s changed every 3 to 4 days. The person treating you should clean your skin where the IV is inserted, and should be wearing clean gloves. If any redness appears, alert hospital staff immediately.

*Remind your doctor that you may need to take an antibiotic before having surgery. For many surgeries, you should receive an antibiotic an hour or so before your surgery to help prevent a surgical site infection. If you don’t receive an antibiotic before your surgery, ask your doctor whether one is necessary.

*Remember that there are some things beyond your control and expertise. You’ve researched your healthcare provider, and reviewed infection rates at different hospitals. You’ve been an active participant in your medical care, paying close attention, and not hesitating to ask questions or let someone know if you think something may be wrong. Now you can know that you have done everything in your power to protect yourself from hospital infection. Remember, in most cases, your healthcare providers are trying their best to prevent infection as well.

Arming yourself with information is a key to making sure that you receive excellent medical care and a bright post-operative, infection-free future after your hospital procedures. Lots of related information is available at the state Department of Health Web site.

The work being done to reduce healthcare-related infections is certainly helping, according to the latest statistics. Previously, figures tallied by the Pennsylvania Health Care Cost Containment Council found that there were 30,237 cases of healthcare-related infections in Pennsylvania hospitals in 2006 and 27,949 infections in 2007 – both higher than the 2009 figures released today. The reporting of such infection cases was mandated under a new state law, Act 52, in 2007.

Things are getting better slowly, but we still have a long way to go.

Be sure to talk with a lawyer if you believe you are the victim of such an infection during a medical procedure so you can protect yourself and your family.

With the warm, lovely weather of summer upon us, it’s a great time to remind drivers that we’re sharing the road with others who aren’t wrapped protectively in vehicle cocoons of steel, plastic and rubber.

Thousands of others are out there on the roads with only two wheels on bicycles and motorcycles and are much more vulnerable to serious injury.

As motorists, we all need to be careful and more aware to protect ourselves from legal liability in the event of an accident involving a two-wheeled vehicle. And if it’s one of us riding a bicycle or motorcycle, then we need to understand our rights and protections as well, to safely operate our vehicles on the roads in a sea of cars and trucks.

Thousands of people are injured or killed in traffic accidents involving motorcycles and bicycles each year in the U.S. You and your loved ones certainly don’t want to become one of those tragic statistics. The monetary losses from those injuries and deaths are also significant and you certainly don’t want to be on the wrong end of any legal judgments in such cases.

As drivers of cars, trucks and SUVs, we always need to remember to watch carefully for smaller, less visible vehicles like bicycles and motorcycles as we drive.

Remember to double-check your blind spots surrounding your vehicle and try to anticipate what bicyclists and motorcyclists are going to do as they cross your path.

Give them extra space when following them because they can stop far more quickly than you can stop your bulky vehicle.

Also give them extra space in case they lose control due to road surface irregularities or mechanical problems.

Bicyclists have unique challenges being seen by other motorists on the roadways due to their much smaller profiles. The Web site BikeSafe.com outlines many typical scenarios in its “How Not To Get Hit By Cars” guide, including motorists who accidentally open their car doors in front of an approaching bicyclist and other drivers who turn right at an intersection in front of a bicyclist.

Bicyclists must remember to use quality lights on their bikes and on their arms or legs when riding at night to be visible to drivers, and to follow the appropriate rules of the road at all times. Not using such safety devices can affect their legal liability in an accident.

Make sure that the bike you are riding is in good condition, fits you properly and always  wear a properly-fitting helmet, according to the National Highway Traffic Safety Administration.

Motorcyclists have similar needs. When operating a motorcycle, you should wear full protective gear including a helmet, jacket, gloves, long pants and boots to protect you in the event of an accident, according to the Motorcycle Safety Foundation (MSF). The MSF also offers excellent rider training programs for beginning motorcyclists as well as advanced classes for expert riders to help build and maintain your survival skills on the roads. All motorcyclists should take advantage of such opportunities.

For operators of both motorcycles and bicycles, one of the best ways to protect yourselves is to ride as though you are invisible to other motorists. Imagine that they can’t or don’t see you and ride defensively to protect yourself at all times.

Always remember that in any contact with a car or SUV, the motorcyclist or bicyclist is at a huge disadvantage and will likely be the loser.

Safety is the responsibility of all of us this summer, from motorists of the four-wheeled kind to motorcyclists and bicyclists.

As you drive this summer, remember to practice safe driving habits by carefully watching for vehicles of all sizes and be sure to maintain adequate following distances. In addition, be sure to use caution around slower-moving vehicles and drive defensively rather than aggressively to help minimize the dangers to yourself and others on the roads.

It’s a good time to be safe however you choose to travel.

A lawsuit or major injury from a collision or crash involving a bicyclist or motorcyclist would turn the joys of summer into a nightmare.

So be careful out there, whether you are driving your car or SUV or if you’re cruising on your bicycle or motorcycle.

And in the event of a mishap, remember that the lawyers here at MyPhillyLawyer are here to help you in every way possible.

With the warm, lovely weather of summer upon us, it’s a great time to remind drivers that we’re sharing the road with others who aren’t wrapped protectively in vehicle cocoons of steel, plastic and rubber.

Thousands of others are out there on the roads with only two wheels on bicycles and motorcycles and are much more vulnerable to serious injury.

As motorists, we all need to be careful and more aware to protect ourselves from legal liability in the event of an accident involving a two-wheeled vehicle. And if it’s one of us riding a bicycle or motorcycle, then we need to understand our rights and protections as well, to safely operate our vehicles on the roads in a sea of cars and trucks.

Thousands of people are injured or killed in traffic accidents involving motorcycles and bicycles each year in the U.S. You and your loved ones certainly don’t want to become one of those tragic statistics. The monetary losses from those injuries and deaths are also significant and you certainly don’t want to be on the wrong end of any legal judgments in such cases.

As drivers of cars, trucks and SUVs, we always need to remember to watch carefully for smaller, less visible vehicles like bicycles and motorcycles as we drive.

Remember to double-check your blind spots surrounding your vehicle and try to anticipate what bicyclists and motorcyclists are going to do as they cross your path.

Give them extra space when following them because they can stop far more quickly than you can stop your bulky vehicle.

Also give them extra space in case they lose control due to road surface irregularities or mechanical problems.

Bicyclists have unique challenges being seen by other motorists on the roadways due to their much smaller profiles. The Web site BikeSafe.com outlines many typical scenarios in its “How Not To Get Hit By Cars” guide, including motorists who accidentally open their car doors in front of an approaching bicyclist and other drivers who turn right at an intersection in front of a bicyclist.

Bicyclists must remember to use quality lights on their bikes and on their arms or legs when riding at night to be visible to drivers, and to follow the appropriate rules of the road at all times. Not using such safety devices can affect their legal liability in an accident.

Make sure that the bike you are riding is in good condition, fits you properly and always  wear a properly-fitting helmet, according to the National Highway Traffic Safety Administration.

Motorcyclists have similar needs. When operating a motorcycle, you should wear full protective gear including a helmet, jacket, gloves, long pants and boots to protect you in the event of an accident, according to the Motorcycle Safety Foundation (MSF). The MSF also offers excellent rider training programs for beginning motorcyclists as well as advanced classes for expert riders to help build and maintain your survival skills on the roads. All motorcyclists should take advantage of such opportunities.

For operators of both motorcycles and bicycles, one of the best ways to protect yourselves is to ride as though you are invisible to other motorists. Imagine that they can’t or don’t see you and ride defensively to protect yourself at all times.

Always remember that in any contact with a car or SUV, the motorcyclist or bicyclist is at a huge disadvantage and will likely be the loser.

Safety is the responsibility of all of us this summer, from motorists of the four-wheeled kind to motorcyclists and bicyclists.

As you drive this summer, remember to practice safe driving habits by carefully watching for vehicles of all sizes and be sure to maintain adequate following distances. In addition, be sure to use caution around slower-moving vehicles and drive defensively rather than aggressively to help minimize the dangers to yourself and others on the roads.

It’s a good time to be safe however you choose to travel.

A lawsuit or major injury from a collision or crash involving a bicyclist or motorcyclist would turn the joys of summer into a nightmare.

So be careful out there, whether you are driving your car or SUV or if you’re cruising on your bicycle or motorcycle.

And in the event of a mishap, remember that the lawyers here at MyPhillyLawyer are here to help you in every way possible.

Summer is almost here, but your home swimming pool has probably been open for a few weeks and life is feeling pretty good.

That’s great, but don’t be complacent.

There are a myriad of safety and legal issues for you to be thinking about in connection with your pool, and it’s much better to think about them before something tragic happens.

Swimming pools, hot tubs and spas are fun, relaxing and enjoyable but as a homeowner, you must be vigilant, pro-active and firm about setting safety rules and enforcing them so that guests and family members aren’t accidentally injured or worse.

An average of 385 children under 15 years of age died annually in the U.S. due to pool or spa drownings from 2005 through 2007, according to the U.S. Consumer Product Safety Commission (CPSC).

Some sobering facts, from the National Drowning Prevention Alliance:

*Drowning is the second-leading cause of death to children ages 1-4 in the United States.

*In many cases, drowning is a silent event, without splashing or a call for help.

*In most areas of the country, the majority of child drownings occur in backyard pools and spas.

Those are frightening statistics, but through safety rules, careful enforcement and constant vigilance, you can prevent these kinds of tragedies on your property.

Here are some key pool and spa rules from the group, Safe Kids USA, to adopt at your home:

*Actively supervise your children around water at all times, and have a phone nearby to call for help in an emergency.

*Be sure that your pool has four-sided fencing at least four-feet-tall all the way around it. as well as a self-closing, self-latching gate. This protects a child from being able to access your pool and enter it when no one is around. It also protects you from legal action by shutting your pool off to non-authorized users. Be sure to also cover and lock your hot tub when it’s not being used to protect others and to protect yourself legally.

*Safe Kids USA also recommends installing a door alarm, a window alarm or both to alert you if a child wanders into the pool area unsupervised.

*Teach your children and any young visitors that they should never, ever go near the water if an adult is not nearby and directly watching them.

*Enroll your child in swimming lessons after age 4, the group also recommends. Be sure that they know how to tread water, float and stay by the pool wall.

*Know CPR and know how to respond properly and quickly to any type of water emergency in your pool, spa or hot tub on your property.

*Don’t allow the use of bottles or glass dishware near the pool to prevent injuries.

*Don’t allow anyone to run or play near the edge of the pool. Accidents can and do happen.

*Don’t allow consumption of alcohol or drugs around the pool, especially for any adults who are there in a supervisory role with children.

*Use non-slip materials on the surfaces around the pool to prevent accidental falls into the pool.

*Use a properly-sized pool cover when the pool is unoccupied as another layer of protection from accidental drownings.

*Be sure that anyone who gets into the pool knows how to swim and understands you safety rules.

*Check local pool safety requirements in your town and be sure that you adhere to them to limit your legal liability.

*Equip your pool with proper handrails and ladders at each end for safe entry and exit from the pool.

*If you have a diving board, be sure that the pool is sufficiently deep to protect from serious diving injuries.

*Mark water depths on the sides of the pool so visitors understand how deep it is and can stay within their comfort levels.

*Constantly check for damaged fasteners, protruding bolts and other safety issues that could cause injuries to protect your legal interests.

*Have needed safety equipment on hand by the pool, including life preservers, rescue ropes and a first aid kit, and be sure you are trained in using them all.

Summer is supposed to be a fun time, and your lovely pool adds to that enjoyment.

Just be sure to plan ahead to protect yourself and your guests legally so a tragic accident doesn’t put a sad damper on your summer season.

If any kind of accident or injury related to your pool, spa or hot tub occurs, be sure to speak with an attorney to learn about your rights, responsibilities and any obligations.

So go and relax, laugh, swim and enjoy.

Just be careful and follow these basic safety rules to ensure a great summer.

Aloha!

Now here’s a truly bogus traffic law.

In a 5-1 ruling, the Ohio Supreme Court ruled last week that police officers can pull you over and legally ticket you if it “appears” to the officer that you are speeding.

No radar is needed.

No mechanized speed checks required.

No VASCAR timing has to be set up.

None of those are needed in Ohio anymore.

Nope.  Just a cop deciding that you are “speeding.”

So how did the court come up with such a brilliant standard?

Get this:  the court ruled that it’s just fine for an officer to estimate a driver’s speed if the officer is experienced in pursuing speeders or has been properly trained in police work, according to a story on Ohio.com.

Now you can get a speeding ticket in Ohio, which will hike your insurance rates and cost you a bunch of money, based on an arbitrary, split-second, out-of-the-blue “estimate” from the friendly neighborhood police officer who wants to ruin your day.

Under this new legal interpretation ordered by the court, Ohio police won’t be required to verify a driver’s speed with any kind of measuring equipment that can allegedly prove the speed in the first place.

That’s just the stupidest, most outrageous and unfair ruling by a court in quite a while.

What’s next?

Will Ohio cops soon no longer be giving Breathalyzer tests or obtain blood tests for suspected drunk drivers and instead “estimate” or “guess”  if that driver is drunk, based on the officer’s seat-of-the-pants knowledge and experience?

Will an Ohio cop next be able to “guess” that a car is stolen by observing it driving down the road and heeding to his “experience,” instead of checking a license plate number in a law enforcement database and confirming that the vehicle was actually reported stolen?

What in the world was the Ohio Supreme Court thinking?

This is a bad and dangerous ruling by the court and a ridiculous extension of the state’s powers that is in complete disregard for due process and fairness for every motorist.

In the Ohio case, according to the Ohio.com story, a driver in the town on Copley challenged a speeding ticket because it was issued based on the police officer’s visual observations and not on any type of mechanized or electronic speed analysis. “The officer said it appeared to him that the man was driving too fast,” according to Ohio.com.

Let’s hope that other states don’t follow this poor excuse for a reasonable traffic law.

Human beings, including police officers, are certainly not infallible.

Allowing the police to arbitrarily and legally “estimate” a driver’s speed in a moving vehicle for the issuance of a traffic ticket might be one of the most ridiculous decisions issued by a court in long, long time.

Even when police officers use radar, VASCAR and other speed-estimating equipment, they can make mistakes with calibration, operation and procedures. Now they’ll just essentially be able to “guess” your speed?

Utterly preposterous.

So how’s a driver to protect himself from such a law?

First, certainly avoid driving in Ohio until this outrageous and invasive ruling is overturned by a higher court in the future.

Also, never admit anything to an officer if you are stopped for a traffic violation.

And if you are ticketed, based on a cop’s “guess” or on the readings of a speed-tracking device, be sure to talk to a lawyer and get legal advice on how to best proceed.

Remember –  just because a police officer’s measurement machine appears to show that you were speeding, that doesn’t mean that you were traveling too fast. Mistakes happen, even with machines.

Can you imagine how flagrant such mistakes will be now in Ohio, based on a police officer’s speed “estimates?”

Ohio drivers had better beware.

Oh yes, and look like you’re driving slowly, whatever that looks like.

Back in November, we wrote here that sentencing juvenile offenders to life in prison without any chance for parole is cruel and unusual punishment and should be outlawed when their crimes don’t include murder.

Across our nation in non-homicide cases, 129 teens are serving life sentences without parole, including 77 in Florida, according to a story in The Wall Street Journal. No teens in Pennsylvania are serving such sentences. In cases that do involve murder, more than 2,000 other juveniles are serving life without parole in prisons across the nation, according to the story. Those sentences will remain unchanged.

This week, the U.S. Supreme Court moved our nation one step forward on this issue by ruling that states cannot sentence teenage criminals to life without parole, at least in cases where a homicide has not been committed, according to a story Monday in The New York Times. The court ruled in a 5 to 4 vote that such a life sentence without parole violates a teen’s rights.

That was the correct decision, but maybe it didn’t go far enough.

It still just skims the surface on whether a teen should ever be allowed to be sentenced to a life term in the first place. If someone commits a crime that doesn’t include homicide, however heinous as a teen, are they fully aware of the consequences of their actions and is it not possible that they could eventually be rehabilitated and returned to society without such a dire sentence?

This difficult question and polarizing question is one we should look at very closely.

In our post here in November, we wrote that “a 13-year-old boy is not an adult. Yet when a 13-year-old boy commits a heinous crime, our court system in the U.S. can treat him like an adult and lock him up for life.”

The Supreme Court reviewed the case of a Florida youth, Terrance Jamar Graham, who earlier participated in an armed burglary while out on parole for a restaurant robbery he committed with several other teens when he was 16. The original trial judge looked at Graham’s criminal record and sentenced him to life without parole, under the assumption that he would never change his criminal ways.

The same conclusion was reached in a different case by a another Florida judge in the sentencing 20 years ago for Joe Harris Sullivan, who was convicted of beating and raping an elderly woman after an in-home robbery — all when he was 13 years old.  He’d been in trouble with the law before and at such a young age he had a substantial rap sheet.  The judge in the case took his 17 prior offenses into account at Sullivan’s sentencing, where he was committed to prison under a life sentence with no chance for parole.

The Supreme Court’s decision on the Graham case acknowledges that although these crimes are horrific, it is unfair to essentially give up on the life of a person so young by throwing them in prison forever. The court ruled 6 to 3 to reverse Graham’s sentence based on the merits of his case.

”The state has denied him any chance to later demonstrate that he is fit to rejoin society based solely on a non-homicide crime that he committed while he was a child in the eyes of the law,” Justice Anthony Kennedy wrote in his majority opinion, according to the story in The New York Times. ”This the Eighth Amendment does not permit.”

Of course, there’s more to the story.

By ruling more narrowly on the larger issue of whether a teen could still face a life without parole sentence if a homicide is committed as part of their crime, the Supreme Court will still allow teens to be imprisoned forever in those cases.

That’s still leaves some questions, though. In non-homicide cases, should teens ever be able to be sentenced to life imprisonment in any event? That seems hugely harsh for someone so young, regardless of their crimes. What happens if one of these kids truly does make amends later in his or her life? Should they never be given another chance to live life outside of prison and try to give some sense of normalcy to their own existence? Are we giving up on them completely?

That just seems wrong.

The U.S. is perhaps the only nation on earth that allows judges to sentence teens to life sentences at all. That’s even worse than China, a nation not too well known for its progressive and fair human rights policies.

It makes us wonder why there truly are 77 teens presently in Florida prisons serving life sentences without parole. That is preposterous.

While the Supreme Court’s decision this week is progress on this tough issue, there is still room for vast improvement.