Juveniles Don’t Deserve Sentences

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Juveniles Don’t Deserve Life SentencesGail GaringerBostonMarch 14, 2012IN the late 1980s, a small but influential group of criminologists predicted a coming wave of violent ju‐venile crime: “super‐predators,” as young as 11, committing crimes in “wolf packs.” Politicians soon re‐sponded to those fears, and to concerns about the perceived inadequacies of state juvenile justice sys‐tems, by lowering the age at which children could be transferred to adult courts. The concern was thatoffenders prosecuted as juveniles would have to be released at age 18 or 21.At the same time, “tough on crime” rhetoric led some states to enact laws making it easier to impose lifewithout parole sentences on adults. The unintended consequence of these laws was that children asyoung as 13 and 14 who were charged as adults became subject to life without parole sentences.Nationwide, 79 young adolescents have been sentenced to die in prison — a sentence not imposed onchildren anywhere else in the world. These children were told that they could never change and that noone cared what became of them. They were denied access to education and rehabilitation programs andleft without help or hope.But the prediction of a generation of super‐predators never came to pass. Beginning in the mid‐1990s,violent juvenile crime declined, and it has continued to decline through the present day. The laws thatwere passed to deal with them, however, continue to exist. This month, the United States SupremeCourt will hear oral arguments in two cases, Jackson v. Hobbs and Miller v. Alabama, which will decidewhether children can be sentenced to life without parole after being convicted of homicide.The court has already struck down the death penalty for juveniles and life without parole for young of‐fenders convicted in non‐homicide cases. The rationale for these earlier decisions is simple and equallyapplicable to the cases to be heard: Young people are biologically different from adults. Brain imagingstudies reveal that the regions of the adolescent brain responsible for controlling thoughts, actions andemotions are not fully developed. They cannot be held to the same standards when they commit terri‐ble wrongs.Homicide is the worst crime, but in striking down the juvenile death penalty in 2005, the Supreme Courtrecognized that even in the most serious murder cases, “juvenile offenders cannot with reliability beclassified among the worst offenders”: they are less mature, more vulnerable to peer pressure, cannotescape from dangerous environments, and their characters are still in formation. And because they re‐main unformed, it is impossible to assume that they will always present an unacceptable risk to publicsafety.

The most disturbing part of the super‐predator myth is that it presupposed that certain children werehopelessly defective, perhaps genetically so. Today, few believe that criminal genes are inherited, exceptin the sense that parental abuse and negative home lives can leave children with little hope and limitedchoices.As a former juvenile court judge, I have seen firsthand the enormous capacity of children to change andturn themselves around. The same malleability that makes them vulnerable to peer pressure also makesthem promising candidates for rehabilitation.An overwhelming majority of young offenders grow out of crime. But it is impossible at the time of sen‐tencing for mental health professionals to predict which youngsters will fall within that majority andgrow up to be productive, law‐abiding citizens and which will fall into the small minority that continue tocommit crimes. For this reason, the court has previously recognized that children should not be con‐demned to die in prison without being given a “meaningful opportunity to obtain release based ondemonstrated maturity and rehabilitation.”The criminologists who promoted the super‐predator theory have acknowledged that their predictionnever came to pass, repudiated the theory and expressed regret. They have joined several dozen othercriminologists in an amicus brief to the court asking it to strike down life without parole sentences forchildren convicted of murder. I urge the justices to apply the logic and the wisdom of their earlier deci‐sions and affirm that the best time to decide whether someone should spend his entire life in prison iswhen he has grown to be an adult, not when he is still a child.Gail Garinger, a juvenile court judge in Massachusetts from 1995 to 2008, is the state’s child advocate,appointed by the governor.

Giving jailed juveniles a second chance at lifeBy Marian Wright EdelmanPublished: March 15Edwin Desamour was driving with his 3‐year‐old son in their Philadelphia neighborhood recently whenthe little boy looked up and said, “Daddy, look at the moon! I want to go there!” So this father did whatmany parents would: He bought his son books on science and space voyages and encouraged him tobelieve that his dreams can come true.Edwin’s son has been blessed with a vastly different childhood than Edwin had. Edwin grew up poor in aviolent neighborhood in Philadelphia, surrounded by drugs, guns and crime. At age 16 he was convictedof a homicide. The time he spent with his father as a teenager came when they were assigned to thesame cellblock in prison.Edwin was caught up in dangerous surroundings he didn’t choose, and his violent actions as an adoles‐cent resulted in terrible loss. But he matured in prison and became determined to earn parole so hecould return to his old neighborhood and make a difference in the lives of other young men. In 2007Edwin founded Men in Motion in the Community, an organization that provides positive role models forat‐risk youths. It teaches them that there are consequences to their actions, and it helps youths avoidviolence.Edwin was lucky. He had an opportunity to demonstrate that he had changed and to earn release fromprison on parole. But other youths who committed similar crimes have been sentenced to die in prison— including 79 who were only 13 or 14 years old when arrested, almost 70 percent of whom are chil‐dren of color. Next week, the Supreme Court will hear argument about whether young people shouldhave the chance to prove that they have changed the way Edwin did and earn eventual release fromprison. In the cases of Kuntrell Jackson and Evan Miller, both of whom were 14 when they were arrest‐ed, the court will decide whether it is cruel and unusual punishment to sentence children to life impris‐onment without the possibility of parole.The court has an important opportunity to affirm what it has already recognized in declaring the deathpenalty for juveniles unconstitutional (Roper v. Simmons) and in invalidating the life‐without‐parolesentence for non‐homicide crimes committed by juveniles (Graham v. Florida): Sentencing a young per‐son to life without the possibility of parole is the same thing as sentencing that young person to die inprison — and such a sentence is too harsh for juveniles, whose brains are not fully formed until well pastadolescence and who lack the maturity and impulse control of adults.

“When I work with kids, I see it all the time,” Edwin says. “They talk about the revenge that they hopewould prove their manhood, or a violent act that they hope will make them safe. When I ask them,‘What happens after that?’ they’re dumbfounded. They can’t think past the immediate impulse andprocess consequences.” Scientists confirm what parents already know: Teenage brains are biologicallydifferent from adult brains and lack the ability to exercise mature judgment, especially when youngpeople find themselves in violent and stressful environments.Five years ago, the Children’s Defense Fund launched the Cradle to Prison Pipeline Campaign to focusattention on the national crisis that leaves a black boy born in 2001 with a one‐in‐three chance of goingto prison in his lifetime and a Latino boy a one‐in‐six risk of the same fate. The pipeline is fueled by racialdisparities, pervasive poverty, trauma, inadequate physical and mental health care, gaps in early child‐hood development, disparate educational opportunities, chronic abuse and neglect, and overburdenedand ineffective juvenile justice systems. Edwin Desamour faced these overwhelming odds, but he wasable to earn a second chance to escape the pipeline. Other children have never been given that chance.All children are God’s children. But too many children, especially those of color, find themselves in dan‐gerous circumstances they can neither escape nor successfully navigate. Sentencing children to die inprison is an expression of hopelessness. The Supreme Court should recognize what Edwin’s story sopowerfully demonstrates: These young people have a great capacity for change and growth, and it isexcessive and unfair to make a final judgment that children who commit even the most serious crimesmust be forever confined to prison, with no hope of demonstrating reform or achieving release. Sciencetells us that children’s brains will change and mature. Our hearts tell us all children deserve the chanceto grow up and give back.

Don't put juveniles in jail for lifeBy Laurence Steinberg, Special to CNNupdated 10:21 AM EDT, Mon March 19, 2012(CNN) ‐‐ There are more than 2,500 people serving life sentences without the possibility of parole forcrimes they committed when they were juveniles. Some were as young as 13 when they were sent toprison.In 2010, the U.S. Supreme Court ruled that life without parole for juveniles convicted of crimes otherthan homicide violated the Constitution's prohibition against cruel and unusual punishment, a rulingthat extended the court's logic in its 2005 decision to abolish the juvenile death penalty. In both of thesecases, the court held that because adolescents are not as responsible for their actions as adults, theyshould not be punished as harshly, even for the same crimes.The court relied in part on the research my colleagues and I conducted for the MacArthur FoundationResearch Network on Adolescent Development and Juvenile Justice showing that adolescents are lessmature than adults in ways that make them more impulsive, more short‐sighted and more susceptibleto peer influence, all factors that make them less culpable.On Tuesday, the court will hear appeals of two cases that ask whether life without parole is an appro‐priate sentence for juveniles convicted of homicide. Both cases involve people who were 14 at the timeof their offense, but their crimes were very different. Kuntrell Jackson was part of a group of boys whoshot a store clerk during a robbery of a video store in Arkansas; although Jackson did not do the shoot‐ing, he was found guilty of "felony murder," because he was part of the group that committed a felonyduring which someone was killed.The other plaintiff, Evan Miller, carried out a brutal murder of a neighbor in Alabama whom he and an‐other teenager robbed, beating the victim to death and later returning to the crime scene and settingthe victim's trailer on fire to cover up the crime.The contrast between the crimes, as well as the youthfulness of the juveniles in question, creates manypossible alternatives for the justices to contemplate. The court could extend the logic of its previous de‐cisions and ban life without parole for juveniles unequivocally, on the grounds that even the most hei‐nous crime doesn't magically turn a 14‐year‐old into an adult.

On the other hand, the court could decide that "death is different" and rule that life in prison is an ap‐propriate punishment for someone who has committed murder, regardless of his age. In between thesetwo extremes are numerous middle grounds.They include banning life without parole for juveniles convicted of felony murder but not other types ofmurder; banning life without parole for youths 14 and younger, but leaving undecided the constitution‐ality of this sentence for older teens; permitting life without parole for juveniles as an option but pro‐hibiting it as a mandatory sentence, as it now is in about two‐thirds of states that permit it; and variouscombinations of these alternatives.Opinion: Why are millions of Americans locked up?The argument in favor of life without parole for people convicted of murder is that the sentence is nec‐essary to deter crime, protect public safety and remove from society those who are thought to be incor‐rigible.It is hard to see how this logic applies to Kuntrell Jackson, who had no history of violent crime, who wasserving as a lookout during the robbery, and who did not personally murder anyone. A 14‐year‐old boyin the presence of his peers will often do foolish and dangerous things, and the sort of behavior Jacksonexhibited is far more likely to be indicative of transient adolescent immaturity than deep‐seated deprav‐ity.It is harder to generate sympathy for Evan Miller, given the heinousness of his crime, but there are waysto punish him and protect the public without precluding the possibility of his rehabilitation.There is no scientific evidence that sentencing juveniles to long prison sentences deters other adoles‐cents from committing crimes, because the same immaturity that leads teenagers to do impulsive andreckless things makes them unlikely to think far enough ahead to be deterred by the prospect of a seri‐ous punishment.More importantly, we are simply not good enough at predicting the behavior of a 14‐year‐old, even onewho has committed a grisly, violent offense, to say with any certainty that he is beyond redemption.Rather than commit now to spending millions of dollars keeping Miller locked up for life, a parole boardcan evaluate Miller after he has matured into adulthood and decide whether and when it is appropriateto return him to the community.Ending life without parole for all juvenile offenders is the sensible thing to do.

Laurence Steinberg is a professor of psychology at Temple University and former director of the MacArthurFoundation Research Network on Adolescent Development and Juvenile Justice. He is the author of "You andYour Adolescent: The Essential Guide for Ages 10 to 25."

States News ServiceCopyright 2012 States News ServiceMarch 20, 2012JUVENILE LIFE SENTENCES: CONSTITUTIONALITY OF LIFE WITHOUT PAROLE FOR TEENAGE MURDERERSWASHINGTONThe following information was released by the Heritage Foundation:By Charles Stimson and Elizabeth GarveyOn Tuesday, March 20, the Supreme Court hears oral argument in two cases involving the constitution‐ality of sentences of life without parole (LWOP) for teenage murderers. The real issue before the Court isthis: Will the Court again "find" or "invent" a heretofore undiscovered constitutional prohibition andthus strike an entire category of sentences for the most violent teenagers, or will it defer to the carefullyconsidered judgment of the vast majority of the states (39) and federal government that have decidedto authorize the sentence in appropriate cases?The Two CasesIn the first case (Miller v. Alabama), Evan Miller was 14 years old when he robbed and repeatedly beatan intoxicated neighbor with a baseball bat then set the man's trailer on fire and left him to die. The ju‐venile court, under state law, transferred Miller to adult court based on the nature of the crime, his pre‐vious delinquency history, and the fact that he was deemed competent to stand trial. Miller was foundguilty of capital murder. Since he was 14 at the time of the crime, Miller was not eligible for capital pun‐ishment but rather Alabama's mandatory minimum sentence of LWOP.In the second case (Jackson v. Hobbs), Kuntrell Jackson was also 14 when he and two other teenagersattempted to rob a video store. Jackson knew one of his accomplices had a sawed‐off shotgun andthreatened the female store clerk before one of the other teenagers shot her in the face and killed her.Jackson was tried in adult court, where he was found guilty of capital murder and aggravated robberyand sentenced to LWOP under Arkansas state law.An "Evolving Standard of Decency"In petitioning the Supreme Court, both Miller and Jackson argue that their LWOP sentences amount tocruel and unusual punishment in violation of the Eighth Amendment. These cases present the HighCourt with yet another opportunity to chip away at the states' framework for dealing with violent teen‐agers such as Miller and Jackson.[1]In Roper v. Simmons (2005), the Court found the death penalty for teenage murderers unconstitutionalbecause those sentences supposedly violated the "cruel and unusual punishment" standard of theEighth Amendment. Five years later, in Graham v. Florida (2010), the Court banned the use of LWOPsentences for teenagers who committed violent crimes other than murder, citing the same reason.

Over time, the Court has grafted onto "cruel and unusual punishment" a requirement that punishmentsreflect the "evolving standards of decency that mark the progress of a maturing society." And the Courthas granted to itself the sole duty of deciding those "evolving standards of decency" rather than defer‐ring to society itself, as reflected through elected, accountable representatives of (in this case) 39 statesand the U.S. Congress. Advocates for the murderers are hoping that the Court applies the "evolvingstandards of decency" and finds LWOP sentences for teenage murderers unconstitutional. The states ofAlabama and Arkansas, the National District Attorneys Association (NDAA), and victim's rights organiza‐tions are hoping that the Court draws a line for common sense and defers to the considered wisdom andconstitutional authority of the states to fashion appropriate sentences for the worst of the worst.A National ConsensusThe vast majority of juveniles who commit crimes are tried in the juvenile justice system. Every state hasa separate juvenile justice system to deal with juvenile crimes. Those systems exist because Americansociety believes that most teen criminals can be rehabilitated‐or at least should be given the opportuni‐ty to try to reform their ways. That is smart public policy. Thus, there is a national consensus that mostjuveniles belong in the juvenile justice system.But there is another national consensus: that a small percentage of the worst teen offenders‐a smallpercentage of teen murderers‐should be waived and/or tried in adult court. And a small percentage ofthose who are convicted of the worst crimes should be eligible for LWOP.In general, the Supreme Court looks for trends or a national consensus to determine the progress ofAmerican society as it matures. There are strong figures to support the use and constitutionality ofLWOP sentences. Currently, 39 jurisdictions allow teenagers 14 years and older to receive LWOP sen‐tences for aggravated murder, and 26 states and the federal government make LWOP the mandatoryminimum sentence when a 14‐year‐old defendant is tried in adult court and convicted of aggravatedmurder. But LWOP is reserved for the most serious offenders.As Jackson admits in his brief to the Supreme Court, approximately 79 individuals who committed of‐fenses at age 13 or 14 have been sentenced to LWOP since the imposition of the first LWOP sentence in1971.The fact that some 79 teenagers have been deemed deserving of LWOP in over 40 years is significant; itindicates that the criminal justice system has worked effectively, ensuring that only those teenagerswho commit the most heinous aggravated murders receive LWOP sentences. A number of checks withinthe system have made this possible, from the discretion of juvenile courts to transfer teenagers to adultcourt or keep them in the juvenile system to prosecutors' selection of which charges appropriately cor‐respond with the gravity of the crime. Advocates for Miller and Jackson have no meaningful rebuttal tothese facts.

Additionally, they argue that there is a "consensus" within the scientific community that teenagers (or"children" as they call them) are "unfinished products" with limited foresight and are generally less cul‐pable for their actions. In other words, they are not mature enough to make rational and intelligent de‐cisions and thus should not be subjected to the sentence of LWOP when tried as adults.But as the NDAA argues in its amicus brief, constitutional prohibitions should not be based on socialscience. Whether or not LWOP sentences are appropriate should be left to the state legislatures to de‐termine, since they are accountable to their electorates.Murder Is MurderIn Graham v. Florida, the Court noted that there is a difference between homicides and non‐homicidesand thus struck down the sentence of LWOP for teenagers who committed violent non‐homicides.Writing for the majority, Justice Anthony Kennedy said:The Court has recognized that defendants who do not kill, intend to kill, or foresee that life will be takenare categorically less deserving of the most serious forms of punishment than are murderers." There is aline between homicide and other serious violent offenses against the individual." Serious nonhomicidecrimes"in terms of moral depravity and of the injury to the person and to the public"cannot be com‐pared to murder in their severity and irrevocability." Although an offense like robbery or rape is a seri‐ous crime deserving serious punishment, those crimes differ from homicide crimes in a moral sense.[2]Thus, the Court has previously drawn a line between crimes that result in death and all others. The Courtshould preserve this distinction and rule in favor of Alabama, Arkansas, and the 37 other states thatcurrently allow the use of LWOP sentences for teenagers convicted of aggravated murder. As the num‐bers demonstrate, there is a national consensus that LWOP sentences are appropriate for certain homi‐cides.Ultimately, though, such policy considerations are better left to state legislators, who are accountablerepresentatives to their constituents, rather than the justices, who should be determining the require‐ments of law and not bending the Constitution to comport with their policy preferences.Charles Stimson is a Senior Legal Fellow and Elizabeth Garvey is a Legal Policy Analyst in the Center forLegal and Judicial Studies at The Heritage Foundation.

Montgomery Advertiser (AL)Copyright 2012 GannettMarch 20, 2012Court to weigh life term for juveniles convicted of murderEvan Miller of Alabama was 14 when he and an accomplice robbed a neighbor, bludgeoned him with abaseball bat and burned his trailer.A Lawrence County jury convicted him of murder for killing Cole Cannon, 52. Miller received the man‐datory sentence under state law — life in prison without parole.The Miller case and a similar case out of Arkansas will be debated before the Supreme Court today. Thecourt will decide later whether sentencing juveniles as young as 14 to life without parole for murder vi‐olates the Constitution's Eighth Amendment barring "cruel and unusual punishments."Earlier Supreme Court decisions have barred the death penalty for juveniles. Justices also have ruledthat juveniles can't be sentenced to life in prison for crimes in which no one was killed.In the Arkansas case, Kuntrell Jackson was 14 when he took part in a 1999 video‐store robbery in whichthe clerk was shot and killed by someone else. He and Miller turned to the Supreme Court after ex‐hausting their appeals at the state level.Bryan Stevenson of the Equal Justice Initiative in Montgomery will represent Miller and Jackson in to‐day's oral arguments. Alabama Solicitor General John Neiman Jr. and Arkansas Assistant Attorney Gen‐eral Kent Holt will argue the states' case.The Alabama attorney general's office says prosecutors seek life without parole for adolescents — asmany state legislatures require them to — only when those youths commit particularly brutal crimes.Earlier Supreme Court rulings were based on a "national consensus and widely shared moral principles"that sentencing juveniles to death or life in prison when no one was killed during the crime is excessive,the state said in court papers."This case presents no similar consensus and no compelling argument that these punishments are con‐trary to prevailing values," Alabama officials said. "These sentences are a reasonable solution to a diffi‐cult problem, and the values underlying the Constitution should allow them to stand."Stevenson, Randall Susskind and Alicia D'Addario, all with the Equal Justice Initiative, argued in courtpapers that juveniles convicted of murder deserve the chance to eventually leave prison because theirbrains and moral awareness weren't fully developed when they committed their crimes.They noted that previous Supreme Court rulings have said "youth and its attendant features have a crit‐ical role to play in determining an adolescent's culpability.""To wholly disregard a 14‐year‐old offender's age and age‐related characteristics in sentencing him to beimprisoned for the remainder of his existence makes a mockery of this fundamental precept," theywrote.Adolescents are impulsive risk‐takers whose crimes are rooted in the circumstances in which they're

raised, the attorneys wrote.For instance, Miller was physically abused by his father, raised in extreme poverty and tried to kill him‐self at age 5, they wrote. At the time he killed Cannon, he had been drinking and was high on marijuana.The American Bar Association, the American Psychological Association, Amnesty International and othergroups have filed legal briefs supporting Miller and Jackson.Twenty states, the territory of Guam and the National Organization of Victims of Juvenile Lifers havewritten the court supporting the states.

mcall.comSupreme Court questions whether young killers should get a chance for paroleMARK SHERMANAssociated Press3:58 PM EDT, March 20, 2012WASHINGTON (AP) — The Supreme Court debated Tuesday whetheryoung teenagers convicted of killing someone may be locked up for life with no chance of parole, thelatest in a line of cases seeking a second chance for young people. The justices are looking at two casesinvolving teenagers serving life sentences. In one, 14‐year‐old Evan Miller in Alabama beat a man, thenset fire to his home. In the other, 14‐year‐old Kuntrell Jackson in Arkansas didn't pull the trigger, but wasin on an attempted robbery in which another boy shot and killed a store clerk. Justice Anthony Kennedywrote earlier opinions ruling out the death penalty for juveniles and life without parole sentences foryoung people whose crimes did not involve killing. He seemed again to be the pivotal justice in Tues‐day's arguments. Roughly 2,300 people are behind bars for life with no chance of winning their freedomfor crimes they committed before their 18 birthday. Only 79, however, are in prison for crimes that tookplace when they were 14 or younger. Kennedy was one of several justices who appeared to be troubledby the lack of flexibility in sentencing young killers. Several states that try people younger than 18 inadult courts allow for only one sentence, life with no chance of parole, for defendants who are convict‐ed of murder. He seemed to indicate he might favor a ruling that gives judges a role in determining anappropriate sentence, "that the sentence cannot be mandatory, but that in some cases, it might still beimposed." Bryan Stevenson, the lawyer for both defendants, tried to resist Kennedy's approach, prefer‐ring an outcome that would force states to consider parole at some point for anyone with a life sentencewho was convicted before turning 18.Stevenson said the court has previously recognized that it is a"mistake to equate kids with adults. And we don't have the ability to make those judgments even if wecreate a different kind of process." Arguing for Alabama, state Solicitor General John Neiman Jr. said thecourt should respect the decisions of Alabama, Arkansas and 37 other states that allow children to betried and punished as adults." Imposing life without parole sentences on aggravated murder offenderslike Evan Miller is in line with the national consensus, is morally justified, and is consistent with legiti‐mate penological goals," Neiman said. Justices Antonin Scalia and Samuel Alito sounded most likely tovote with the states. Scalia peppered Stevenson with questions about where the court should draw theline." Well, you know, once you depart from the principle that we've enunciated that death is different,why is life without parole categorically different from 60 years or 70 years or, you know, you'd be backhere next term with a 60‐year sentence?" Scalia said. The court has a range of options available if thereis a majority to cut back on states' sentencing powers. The court could issue a blanket ruling that applies

to everyone under 18.It could set a younger cutoff age, as both defendants at the high court were14.The justices also might throw out mandatory sentences, but still allow judges to impose life withoutparole once they consider the circumstances of the crime and the defendant's background. On thatpoint, several justices pointed to the apparent difference in the culpability of the defendants in the twocases. The court should decide the cases by early summer. The cases are Miller v. Alabama, 10‐9646,and Jackson v. Hobbs, 10‐9647.

Do Juvenile Killers Deserve Life Behind Bars?Nina TotenbergMarch 20, 2012The U.S. Supreme Court hears arguments Tuesday in two homicide cases testing whether it is unconsti‐tutionally cruel and unusual punishment to sentence a 14‐year‐old to life in prison without the possibil‐ity of parole.There are currently 79 of these juvenile killers who will die in prison. What's more, in many states, thepenalty is mandatory, meaning neither judge nor jury is allowed to consider the youngster's age orbackground in meting out the sentence.In cases dealing with punishment for juveniles, context is everything. In 2005, the Supreme Court struckdown the death penalty for juveniles, dec

Don't put juveniles in jail for life By Laurence Steinberg, Special to CNN updated 10:21 AM EDT, Mon March 19, 2012 (CNN) ‐‐ There are more than 2,500 people serving life sentences without the possibility of p

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