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JuvenileLifewithoutParole.pptxJuvenile Life without Parole
erious crimes deserve serious penalties, but crimes committed by children, though sometimes resulting in serious and tragic harm, deserve special consideration. These crimes tend to be impulsive, short-sighted, and driven by fear and by childish desires to impress peers or pacify adults. New brain science confirms that teenagers have less capacity for self-control, but much greater capacity for selfimprovement, than adults. All of this suggests that children should be sentenced differently than adults and receive additional opportunities to demonstrate change
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JLWOP statistics
In 2012, approx. 2500 individuals were serving LWOP sentenced they received as children
An additional 25,000 were serving virtual life sentences
A 50-year sentence for a 16-year old will cost upwards of $2.25 million.
The majority of these individuals are male (97%) and Black (62%)
Significant risk factors
79% witnessed violence in their homes regularly
32% grew up in public housing
Fewer than half were attending school at the time of their offense
47% were physically abused
80% of girls reported histories of physical abuse and 77% of girls reported histories of sexual abuse
How did we get here?
Super-predator scare of the 1980s/1990s
Larry Miller, at 16 shot and killed another teenager in Philadelphia in 1965
Sentence: 20 years
Abdul Lateef, at 16 participated in a robbery, which led to the ultimate death of the victim, in 1985
Sentence: Life without parole
In reaction to the growth of drug- and gang-related activity in the mid-1990s, lawmakers in Connecticut and nationally responded forcefully but, in retrospect, misguidedly. The harsh reforms were rooted in the popularization of the idea of the “superpredator,” a supposed class of teenagers who were highly violent, dangerous, and beyond redemption.19 Meanwhile, public officials worried that gangs were recruiting children to commit crimes because the juvenile justice system would not punish them harshly.20 Public fear of juvenile crime coalesced in claims that some children were so-called “Humpty Dumpty children,” perceived to be broken beyond repair.21
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Children are different
In 2005, the Supreme Court held in Roper v. Simmons that children who commit crimes under the age of 18 cannot be executed
Graham v. Florida that children cannot be sentenced to life in prison without the possibility of parole (“LWOP”) for non-homicide crimes.
In 2012, the Court held in Miller v. Alabama that mandatory LWOP sentences for children are unconstitutional
prevent the decisionmaker from taking into account the age and diminished culpability of juvenile offender
In several recent decisions, the U.S. Supreme Court has recognized that children are different from adults and must be treated differently in criminal sentencing. Relying on scientific studies about adolescent brain development, the Court has emphasized that adult sentences are not appropriate for children because youth are less culpable for their crimes and more capable of change and rehabilitation.
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Brain Science
Court concluded that developments in brain science and psychology show “fundamental differences between juvenile and adult minds
Adolescents do not have the same judgment and impulse control as mature adults.
areas of the brain involving self-control and judgment continue to develop throughout adolescence and are not completely mature until the early to mid-twenties
teens are more impulsive, more emotional, more apt to be influenced by others and by their environment, and less adept at conceiving and taking into consideration longterm consequences of their actions
Diminished culpability
children have diminished culpability and thus are “less deserving of the most severe punishments
The Court observed that children’s “lack of maturity and underdeveloped sense of responsibility lead to recklessness, impulsivity, and heedless risk-taking
teens may play a secondary role in an offense and be influenced by older peers or adults. T
Capacity to change
The Court also found that because of the differences between the brains of children and adults, a “child’s character is not as well formed as an adult’s” and his “traits are less fixed.”
The Court concluded that “[m]aturity can lead to that considered reflection which is the foundation for remorse, renewal, and rehabilitation” and juveniles “should not be deprived of the opportunity to achieve maturity of judgment and self-recognition of human worth and potential
Who are these children?
“[The day after his 17th birthday] my cousin got killed right in front of me when I was 13 or 14 years old. . . . [That] hurt real bad.” [I was so broke down afterwards that my mother called 9-1-1, and the hospital] “did some tests, asked questions, and I stayed a night or two. . . . That stuck with me. Made me feel like guns would protect me, and I needed protection.”
Interview with Khairi
I’ve seen a lot of things—a guy got stomped on. Some things I’ve seen are still scary but I’m able to deal with it better now. You have to be careful, you’ve got to numb yourself to certain things, you can’t walk around with your heart on your sleeve.”
Interview with Morris
Who are these children?
Children serving lengthy sentences often grew up in violent environments
63% of juvenile lifers perceived their neighborhoods to be unsafe
66% saw drugs sold openly in their home communities
54% witnessed acts of violence on at least a weekly basis
raised in severe poverty, and many were victims of neglect or physical and sexual abuse in the home
80% witnessed violence in their homes; 50% experienced physical abuse; and 20% were sexually abused
“My father died of AIDS when I was 12. I grew up with my mom. He was in and out, picked me up twice a year if I was lucky. Tried to bring toys on Christmas . . . tried to. I’m not trying to speak bad about my mom, but she was on heroin.” Interview with Devon
Who are these children?
Serious crimes committed by juveniles are often peer-influenced and impulsive.
Sometimes, juveniles convicted of murder didn’t actually kill anyone.
In a study conducted in Philadelphia, 75% of the convictions were for felony murder
Nick is serving 38 years for felony murder, attempted robbery, and conspiracy to rob, crimes he was convicted of committing when he was 17. At trial, his co-participant testified that Nick wanted to back out, but was coerced by his cousin who had been drinking and ‘‘flipped”—pointing the gun at Nick and stating: ‘‘you’re not punking out on me now.” His cousin confessed to being the shooter
. A felony murder charge requires only that the juvenile be engaged in a felony (most often robbery), that someone died as a result (even by accident), and that the juvenile had reason to know that one of his co-felons was carrying a dangerous weapon.44 All of the juveniles involved in a robbery-gone-wrong, whether as a shooter, as a look-out, or as a back-up ride-along, can be guilty of felony murder and subject to the same murder sentence of 25 to 60 years, without the chance of parole. Since juveniles often commit crimes in peer groups, felony murder is a common charge.45
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Lost in the adult system
A second significant category of juvenile crimes involves retaliation for prior violence
Nyron received 30 years for manslaughter (after a plea) at age 14. The cycle of violence began when Nyron was stabbed at a football game at age 13 and hospitalized. His 16-year-old brother Jason later shot the 19-year-old stabber, and Nyron later shot a 20-year-old in connection with the stabbing
Juveniles may mistrust their court-appointed lawyers and turn for advice to fellow prisoners, or to family members who may not have the facts or have not spoken to the attorney
They may be vulnerable to pleading guilty to charges that they do not fully understand and to taking responsibility for conduct that may not be theirs
Lost in the adult system
A juvenile may end up serving a longer sentence than a more culpable adult because he rejects a plea offer and takes the case to trial.
Other times, a juvenile may accept a plea deal without understanding the actual consequences of the plea.
“The lawyer said I’d get 15-20 years. He didn’t tell me it was going to be 40 years. I was under the impression I was doing 20. Someone told me to write for a mittimus if I want to find out how long I’m in for and it said 40 consecutive years and it explained what consecutive meant. I was like, ‘40 years?’ . . . . Six years [had] passed [since sentencing] before I found this out.”
At the time juveniles are making critical decisions about their cases, they are usually in custody, isolated from family and support systems, and placed under considerable stress.
The first years in prison
Incarcerated children are especially vulnerable to mental health conditions.
Adjustment to prison life is difficult for incarcerated children.
children often react by fighting or displaying other aggressive behavior
Children with mental health needs are even more likely to have difficulty controlling this behavior
Growing up in prison
Juveniles who receive long sentences spend many of their formative years behind bars.
Prison programming is extremely limited for “lifers”
Stories of change
Acceptance of remorse
“I did an unforgiveable thing that hurt many people. This is a responsibility I did not fully understand for many years. I am now at a point in my life where I can understand it and own it.”
Engagement in programming and rehabilitation
“A program came up in the hospital for Certified Nurse’s Assistants (CNA), and I was able to enroll in that. I worked with people who were blind, people who couldn’t move physically without someone moving them. I sat with them night and day. People who couldn’t speak. I didn’t even know that existed within the institution. . . . I heard stories that brought me to tears. I prayed with them. I thought, ‘This is the time to be a service.’ This hospital, this program was my blessing. I need to be here. Everyone was able to see the change. It was about helping everyone as a whole. Helping humanity.”
Future outside of prison: Philadelphia
Philadelphia has released over 200 juvenile lifers
Recidivism rate of 1.14%
75% are employed either part-time of full-time
Legislative reforms
