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A Juvenile Serving Life in Prison: Cruel and Unusual Punishment?
Part One: Summary
In the article, “Does Sentencing a Juvenile to a Mandatory Term of Life in Prison
Without the Possibility of Parole Constitute Cruel and Unusual Punishment?”, Thomas J. Hickey
presents two opposing arguments between United States Supreme Court Justices Elena Kagan
and John Roberts, whether juveniles serving life sentences without the possibility of parole
violates the Eight Amendment’s Cruel and Unusual Punishment Clause (Psychology of Criminal
Behavior, 2021). Elena Kagan rejects the decision within the article, “Majority Opinion” (2012)
stating that juveniles are simply too underdeveloped to face life altering consequences
(Psychology of Criminal Behavior, 2021). John Roberts on the other hand disagrees within his
article “Dissenting Opinion” (2012), which details that it is not unusual for mandated legislature
to provide lifelong convictions to murderer juveniles to protect a decent society (Psychology of
Criminal Behavior, 2021).
Part Two: Reaction
The article by Thomas Hickey describes sentencing issues with juveniles given through
multiple examples from the opinions wrote by two U.S. Justices. Though reactions to immediate
situations took place in the examples, the development in the children and their upbringing due
to poor parenting throughout the U.S. and parts of the world, places the juveniles in the situation
to begin with. Sentencing individuals at such an early age will also interfere with preventative
measures to rehabilitate the juvenile. Bonta and Andrews (2017) mention the use of family
interaction which could have a positive impact on the family as whole, but also will mitigate the
patterns as the individual continues to develop. The problem with this preventative measure, is
the harsh punishment bestowed on the child in which Elena Kagan fears that the juvenile will
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have no chance for family rehabilitation at all (Psychology of Criminal Behavior, 2021). Reading
from Thomas Hickey’s article within “Majority Opinion”, I felt the anger Elena Kagan held
while writing due to the study on pro-criminal associates and delinquency as children have not
had the time to develop as a person to completely understand right from wrong (Psychology of
Criminal Behavior, 2021). The juveniles simply get to learn and understand while they sit behind
bars. An old friend of mine was kicked out of school because he was caught selling narcotics.
Granted he knew what he did was wrong, the school still kicked him out of the only
rehabilitative environment he had left as his family lacked any type of support to bring him back
on track. In my opinion, the same type of hope was taken away, and unfortunately, he is still on
the southward path. As a Christian, I feel that everything happens for a reason, even poor
parenting. I believe that people, juveniles even, are put in place at the specific time God intends
them to be. Yes, there are many situations of injustice throughout our world especially with
sentencing children to life in prison without the eligibility of parole, but who are we to argue
with His plan?
Thomas Hickey proposed the other side of justice within the article, “Dissenting
Opinion”, by U.S. Justice John Roberts which opposes Elana Kegan’s argument. John Roberts
discussed the importance of maintaining a standard in which a decent society must live in with
murder being completely off the table (Psychology of Criminal Behavior, 2021). John Roberts
also discussed that the sentencing of criminals in the past had attempted rehabilitation with the
possibility of parole, but it backfired around 1980, in which legislature had to increase the time
spent in prison and take away parole eligibility (Psychology of Criminal Behavior, 2021).
Impulsive, sensation-seeking, or negative emotional individuals with criminal history tend to
make additional pro-criminal decisions, turning them away from the decent society legislature
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aims to protect (Bonta & Andrews, 2017). No matter the location, whether it be in the U.S. or
globally, individuals that posses such characteristics are a risk to society, especially if legislature
were to overturn and release murderer juveniles (Psychology of Criminal Behavior, 2021). At
first, I had to agree with Elana Kegan’s opinion, but after I read John Robert’s disagreement, I
became slowly convinced of the worry for my wife and children’s safety. Mainly fear overcame
me, but in my experience with observations of news channels, I am thankful the individuals that
committed such horrific murders, juveniles or not, are behind bars. It is the “what ifs” that can
define what God is doing with his plan. I.e., a fourteen-year-old murderer that was released due
to an underdeveloped age felt that he will get away with it again, shoots and kills another victim.
Should the juvenile then get life in prison and parole taken away? Maybe they get killed in the
process this time, what if God’s plan was to pull him out of society to begin with and give them
time to reach out to Him as hope for getting out of prison diminishes.
Another global problem comes to mind with the understanding of both Elana Kagan
and John Robert’s argument within Thomas Hickey’s article; why not give parole to rehabilitated
individuals? There is no question whether majority of people stuck in prison for life matures at
some point. Elana Kagan’s opinion dives into the mal justice of punishing juveniles whose
character had not yet been developed (Psychology of Criminal Behavior, 2021). John Roberts
goes on to argue that those underdeveloped murderer juveniles are a menace to a decent society
(Psychology of Criminal Behavior, 2021). As the teen matures and spends time in prison, at some
point these criminals are rehabilitating. Research in the field suggests promising results. An
intervention program called Counter-Point has a goal to abolish criminal attitudes to establish
prosocial attitudes (Bonta & Andrews, 2017). The emotion directly triggered by this thought
process is hope for the U.S. and other country’s justice systems. Much like the movie Shawshank
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Redemption, Morgan Freeman plays and individual stuck in prison with almost no hope of
getting out, despite his pleas during the yearly review board. Toward the end of the movie, he
simply showed he did not care, as if it did not matter if he got out, thus he was released
(Darabont, 1994). The depictions of this movie suggest that rehabilitation must occur at some
point within one’s life. In accordance with God’s plan, I feel that He is working on us as a
maturing society. One day when the time is right, he will allow us to make the changes necessary
to combat conflicting arguments, whether punishing juveniles to life without the possibility of
parole is just or not. We must trust in Him as He governs the universe.
Conclusion and Recommendation
This article is a must read for individuals studying criminal psychology as their major.
The two opposing arguments allow the reader to dive into their own personal feeling on juveniles
given life in prison without the possibility of parole and whether it violates the Eight
Amendment. I have learned that I agree with both sides of the argument and included a
suggestion of my own to hopefully see criminals rehabilitate later in life for the possibility of
release.
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References
Bonta, J., & Andrews, D. A. (2017). The psychology of criminal conduct (6th ed.). Taylor &
Francis. https://libertyonline.vitalsource.com/books/9781317387404
Darabont, F. (Director). (1994). Shawshank Redemption [Film]. Castle Rock Entertainment.
English standard version bible. (2001). ESV Online. https://esv.literalword.com/
(2021). Psychology of criminal behavior. McGraw-Hill Education.
https://bookshelf.vitalsource.com/books/9781307682823
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