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the Possibility of Parole Constitute Cruel and Unusual Punishment? (Hickey, 2021) provided the
opposing opinions of supreme court justices on the issue of sentencing juvenile offenders to life
in prison. Historically, the corrections system in the United States has served four goals of
retribution, incapacitation, deterrence, and rehabilitation. A punishment is declared
unconstitutional if it inflicts unnecessary and wonton pain, if it is unacceptable in society, if it is
disproportionate to the crime, or if it is racially discriminatory. Justice Thurgood Marshall stated,
“The primary concern of the drafters [of the Eighth Amendment’s Cruel and Unusual
Punishment Clause] was to proscribe ‘tortures and other barbarous methods of punishment.’” It
also embodies “broad and idealistic concepts of dignity, civilized standards, human-ity and
decency”.
Justice Elena Kagan observed that state mandated sentencing authority removed the
discretion of the judge and jury. Because of a juvenile’s “lessened culpability and greater
capacity for change”, a more appropriate punishment of life with the possibility of parole should
be considered. The main points behind the argument of cruel and unusual punishment included a
child’s underdeveloped sense of responsibility and lack of maturity leading to risk taking
behavior. Children are also more susceptible to outside influences and have less control over
their environment than an adult so mitigating circumstances should be considered before
sentencing. Children do not have a fully formed character and their traits are malleable so they
cannot be considered incorrigible. This means that the goal of retribution in the case of juvenile
offenders cannot be as adequately applied as with adults because neurologically they are less
culpable. The goal of deterrence also fails to work with juveniles because they are less likely to
consider punishments. Incapacitation would imply that a juvenile would never be able to be
rehabilitated which is inconsistent with youth. Finally, the goal of rehabilitation would be invalid
in a sentence of life without parole which does not take into consideration a child’s capacity for
growth. Therefore, a sentence of life without parole for juveniles would be in violation of the
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Eighth Amendment.
Chief Justice Roberts stated that it would not be considered unusual, if a juvenile took the
life of an innocent victim, that they would then receive a sentence of life without parole. He also
argued that since most states require and impose the sentence, it cannot be considered unusual.
While he admitted that science and policy indicate a need for society to be more merciful to
juvenile murderers, he acknowledged that is not the decision of the court and dissented. The cost
of life imprisonment for a juvenile can be more than $1 million which is not compliant with the
principle of social utility.
Reaction
There are approximately 2500 juveniles in the United States corrections system that have
been sentenced to life without the possibility of parole (Hickey, 2021). Despite national and
global consensus that juveniles cannot be considered miniature adults and therefore are deserving
of certain protections, mandatory sentencing is still in place in over half the country.
Condemning juveniles to die in prison should be considered a human rights violation.
Biologically, juveniles are not fully equipped to make mature choices, are more prone to risk
taking behaviors, and are much more susceptible to peer pressure than a fully formed adult
offender. Simply having friends who are delinquent is a strong correlation to criminal behavior
(Bonta & Andrews, 2017). Procriminal friends model and reward antisocial behaviors while
punishing prosocial behaviors, increasing the likelihood of criminal activity. Gang violence is an
international problem, but the United States contains more than 30,700 youth gangs. There is a
correlation between gang membership and criminal activity and violent crimes. This is a serious
problem facing our society today. Policing efforts have been widely unsuccessful in curbing gang
activity, but early intervention appears promising. Gang Resistance Education and Training
(GREAT) is a prevention program used in schools to educate young people about the negative
aspects of gang affiliation and teach conflict resolution (Bonta & Andrews, 2017). Preventing
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youths from acquiring antisocial peers through education is the most effective way to reduce
gang violence.
These articles evoked many emotions. Reading about how Kuntrell Jackson was
sentenced to life without the possibility of parole for a murder that his associate committed made
me feel confused. Even if the young man was aware of the presence of the gun, he did not pull
the trigger and he did not make the decision to take a life. Obviously, he is guilty of a crime but
one worth dying in prison over? I don’t believe so. Understanding of the influence that
delinquent friends can have on one another should have been considered and mandatory
sentencing should be eliminated. Evan Miller’s case was very sad, and the mitigating
circumstances of his life should have been weighed heavily in his conviction and further
rehabilitation instead of receiving the mandatory sentence of life without parole. Juveniles do not
have the capacity to effectively consider outcomes and punishments and when they are raised in
a dysfunctional home, their abilities are even more diminished. As a juvenile my friends and I
would make terrible decisions and take risks that we wouldn’t dream of today. Even still, none of
us ended up being career criminals. The delayed development of the frontal lobes until age 25
explains the impulsivity and the age-crime curve (Bonta & Andrews, 2017). Juveniles are bound
to make mistakes, but society needs to allow them to mentally develop before we expect them to
fully understand the gravity of their decisions. Otherwise, we all might have ended up in prison
as juveniles if held to the same standards as adults.
I believe my role as a Christian allows me the ability to have more compassion than a
non-believer. Romans 3:23 says, “for all have sinned and fall short of the glory of God” (English
Standard Version Bible, 2009). I am very aware of my own flawed nature, and I am empathetic
to those who struggle to stay on the right path. As a Christian I understand that we can easily be
corrupted by our society and by the people we choose to associate with, and it takes discipline to
avoid evil. Sentencing juveniles to die in prison is essentially the same as condemning them to
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death which is basically retribution. This runs counter to what Jesus taught. In the gospel, Jesus
taught his followers to treat everyone with kindness and compassion, even the very least among
them. Although we are told to love one another, Romans 13:1 says, “Let every person be subject
to the governing authorities. For there is no authority except from God, and those that exist have
been instituted by God” (English Standard Version Bible, 2009). It is important for us to love one
another and show compassion even to sinners however, we must maintain laws and punishments
must be distributed accordingly.
Conclusion
I would recommend this article to others, in fact I already have. So often we as a society
are quick to condemn an act of violence and say, “fry them!” but this article had information that
can make someone pause and reconsider. The majority opinion discussed why sentencing a
juvenile to life without parole can be considered a violation of the Eighth Amendment while the
dissenting opinion made valid points to maintain the mandatory sentencing laws. By stopping to
consider both sides of the debate, we can maintain productive discourse and hopefully one day
come to an agreement on how this issue should be handled without infringing upon the rights of
juveniles.
