Juvenile Life Without Parole Sentences
By Liz Aloi, Editor-at-Large
One month ago, Stanley "Tookie" Williams was executed by the state of California. The plight of Stanley "Tookie" Williams garnered an abundance of press attention when Governor Schwarzenegger chose not to grant clemency to the founder of the Crips gang, despite his rebirth in prison as an anti-gang advocate. Though their stories may not be as sensational, there are over 9700 American prisoners whose plights may deserve the type of coverage that Williams received. According to the New York Times 9700 is the number of American prisoners serving life sentences for crimes they committed before "they could vote, serve on a jury or gamble in a casino -- in short, before they turned 18." More than one fifth of these offenders have no chance for parole. That means that right now, there are several thousand prisoners, who, like Williams have little chance of redemption in the eyes of the state.
Last year the Supreme Court, in Roper v. Simmons--a 5:4 decision, banned the juvenile death penalty. This decision was met with a sigh of relief by death penalty opponents. Observers predict that the one upcoming legal battle in the United States will be over life in prison for juveniles. The United States incarcerates more juveniles for life without parole than all other nations combined. About a dozen countries allow for minors to be given lifetime sentences with no provision for eventual release, but of these, only four Israel, South Africa, Tanzania and the United States actually have minors serving such sentences. In fact, international human rights law prohibits life without parole for those who commit their crimes before the age of eighteen. The International Covenant on Civil and Political Rights, to which the United States became a party in 1992, specifically addresses the need for special treatment of children in the criminal justice system. Article 14(4), which was co-sponsored by the United States, mandates that criminal procedures for children charged with crimes "take account of the age and the desirability of promoting their rehabilitation." This is what the court did in Roper when Justice Kennedy, writing for the majority wrote:
Three general differences between juveniles under 18 and adults demonstrate that juvenile offenders cannot with reliability be classified among the worst offenders. First, as any parent knows and as the scientific and sociological studies respondent and his amici cite tend to confirm, "[a] lack of maturity and an underdeveloped sense of responsibility are found in youth more often than in adults and are more understandable among the young...In recognition of the comparative immaturity and irresponsibility of juveniles, almost every State prohibits those under 18 years of age from voting, serving on juries, or marrying without parental consent... The second area of difference is that juveniles are more vulnerable or susceptible to negative influences and outside pressures, including peer pressure... The third broad difference is that the character of a juvenile is not as well formed as that of an adult. The personality traits of juveniles are more transitory, less fixed.
Death may be different, but these traits found in juveniles -- lack of maturity, an underdeveloped sense of responsibility, susceptibility to negative influences, and mutability of character - are as relevant to a life without parole sentence as they are to capital punishment.
Written By:Debra Allen White On February 6, 2006 8:47 PM Written By:Shana Thornton On March 13, 2006 7:08 PM
Thank you for writing this article ... I am the fiance' of a man who was senteced to life without parole at age 15 in the state of Florida. John Silva was a white juvenile who had NO previos criminal record, his defense attorney, a public defender, called *no* witnesses during trial. Our country is willing to send CHILDREN to prison for life WITHOUT parole when they didnt even get a fair trial?
I am very close to a young man who is serving a life sentence. He has been locked up since age 14, and is now 26. He also now has Multiple Sclerosis and is in a wheel chair. He wants very much to go home to fight his illness. What purpose is there to keeping him in prison for life? This is a very sad situation.
This type of a sentence is becoming more and more common. The entire juvenile system needs reform.
Rehabilitation should always be factored in when dealing with juveniles. Yet the court system has gone away from rehabilitation toward severe punishment.
The adults who are part of the court system have absolutely no knowledge or education when it comes to trying juveniles for crimes. They're quick to make recommendations on issues they have no knowledge of. It's a shame that the U.S. is only 1 of 4 countries in the world that allow juveniles to be sentenced to life without the possibility of parole? I shake my head in disbelief at the members of the justice system in the United States. How can a country like the U.S. stand with Israel, South Africa and Tanzania in sentencing juveniles to such harsh and inhuman sentences? Who are the real criminals here? The adults in the justice system. It's disgusting that the court system thinks that juveniles cannot be given a second chance. They just throw them away like they're garbage. If it were their son or daughter who committed a crime as a juvenile I'm sure there would be a lot of politicing going on to save their child (emphasis on the word child) from being sentenced to life in prison without parole. I have lost complete faith in the justice system as a whole. Too much politics between attorneys and judges. All to make a name for themselves in the name of money.
I believe this country will suffer greatly for the decisions they are now making regarding the children. On one side of the fence, for the sake of money, they remove children from their homes daily claiming alleged child abuse. On that same side of the fence parents are incarcerated and losing their parental rights for alleged child abuse. However, on the other side of the fence, the minute these children reach the age of adulthood, usually 17 or 18, the judicial system abuses these children far worse than any parent could or would. Many parents today are afraid to discipline their children because of the corruption in the juvenile court and the Division of Family Services.
This country has a horrible problem of it's own that is being ignored and I guarantee you its going to come back to haunt us in a big way.
Far more black youths are sentenced to life without parole in this country. Black women dominate death-row for females in this country and black men dominate death-row for men in this country. Something is horribly wrong here. The laws are groomed to determine the courts decision as to who is sentenced to deathrow and who is sentenced to life without parole.
Black people are charged with child abuse more than other races. However, the stimpulation that stops most white men from being sentenced to death row; abuse as a children, is hardly ever used for the sake of black men, and even when it is, it hardly ever makes a difference. Tell me then, why are so many black parents charged with child abuse each and every year? Is this all just another money scam committed by our government to continue to oppress black families?
Life without the possibility of parole for a minor is equivalent to saying, we as a country, have given up hope for this child. The government is saying that these children are hopeless and incapable of ever amounting to anything. Our government also generates a lot more money by allowing this inhumane practise to exist. In ending I must say...........
You truly do reap what you sow.
Debra Allen White