Juvenile Life Sentences

Oral arguments in Graham v. Florida and Smith v. Florida are scheduled for November 9.  The issue of life sentences for juvenile offenders is getting attention in anticipation of the Supreme Court's examination.

Former Republican U.S. Senator Alan Simpson wrote the OpEd, "A sentence too cruel for children."  It appeared in the Friday Washington Post.

Rather than serving in the U.S. Senate for almost 20 years, or having so many other wonderful life experiences, I could have served a longer sentence in prison for some of the stupid, reckless things I did as a teenager. I am grateful to have gotten a second chance -- and I believe our society should make a sustained investment in offering second chances to our youth.

When I was a teen, we rode aimlessly around town, shot things up, started fires and generally raised hell. It was only dumb luck that we never really hurt anyone. At 17, I was caught destroying federal property and was put on probation. For two years, my probation officer visited me and my friends at home, in the pool hall, at school and on the basketball court. He was a wonderful guy who listened and really cared. I did pretty well on probation. At 21, though, I got into a fight in a tough part of town and ended up in jail for hitting a police officer.

I spent only one night in jail, but that was enough. I remember thinking, "I don't need too much more of this."

I had a chance to turn my life around, and I took it. This term, the U.S. Supreme Court will decide whether other young people get that same chance.

On Nov. 9, the court will hold oral argument in Sullivan v. Florida and Graham v. Florida, two cases that will determine whether it is constitutional to sentence a teenager to life in prison without parole for a crime that did not involve the taking of a life. There is a simple reason the criminal justice system should treat juveniles and adults differently: Kids are a helluva lot dumber than adults. They do stupid things -- as I did -- and some even commit serious crimes, but youths don't really ever think through the consequences. It's for this reason that every state restricts children from such consequential actions as voting, serving on juries, purchasing alcohol or marrying without parental consent.

The Supreme Court recognized the differences between teenagers and adults when it held a few years ago, in Roper v. Simmons, that it was unconstitutional to impose the death penalty on defendants younger than 18. Locking up a youth for the rest of his life, with no hope for parole, is surely unconstitutional for the same reasons. The person you are at 13 or 17 is not the person you are at 30, 40 or 50. Everyone old enough to look back on his or her teenage years knows this.

Simpson's OpEd also appeared in the Miami Herald and the Salt Lake Tribune.

Rafael Johnson writes, "Second Chances, for the current Newsweek.

At 17 I was captain of my high-school football team and on my way to college. But in November 1992 I went to a birthday party with friends. We were tussling around, and the chaperones threw us out. One of them knocked me to the ground, and I felt ashamed and angry. My friend had a gun in his car. I got it, came back, and fired three shots, killing one of the chaperones. I was convicted of murder and given 10 to 25 years in prison.

I grew up in an area known for gun violence and drugs. Like a lot of boys, I looked up to tough men who could fight and had been in prison. My first arrest came when I was 12: I stole my grandmother's gun and took it to school. At 14 I was sent to a boys' home. I studied hard and won a full scholarship to attend the University of Detroit high school. I excelled there, but my thinking was twisted. I didn't know how to manage my anger. As a result, a man lost his life the night of that party.

On the day I was to begin Marygrove College, I started a prison term instead. I was 18 and had hope: I could be paroled when I was still a relatively young man. I spent six of my 12 years in prison in solitary confinement. I promised myself I would read 1,000 books. I read 1,300. I became certified as a carpenter, plumber, electrician, and paralegal.

I was released from prison in 2004 after my third parole hearing. I received bachelor's and master's degrees from University of Detroit Mercy. I started a motivational-speaking and fitness-training company. As a community-reintegration coordinator, I help other ex-offenders start anew. I'm proof that people, especially teens, can't be judged by the worst thing they ever did.

And:

Next month the Supreme Court will hear oral arguments in Sullivan v. Florida and Graham v. Florida, two cases that will decide if it's constitutional to sentence teens to life in prison without parole. The court should give people like me a reason to keep improving themselves. Individuals who have committed crimes as teens should be allowed to have their sentences reviewed. Teenagers change. Adolescents, even more than adults, have enormous capacity for redemption. I know.

Earlier coverage of the issue begins with this post.

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Another post on the topic from David Chura, who for ten years taught kids in adult lockup:

"...Shouldn't any criminal be made to take responsibility? Indeed. Ask any of my jailhouse students the same question and most would agree. But accountability doesn't mean punishment; it never has, except in the parlance of today's criminal justice system. It means not turning away from what you did and the consequences of your actions, but looking at it square on and learning a better way of living.

"There are many ways to do this in jail. Restorative justice programs are one very effective approach, tough love so tough that not many adults I know outside of prison could stand up against that personal scrutiny. Sunny Schwartz shows that in her spunky, powerful book, Dreams from the Monster Factory, which describes her restorative justice work with long-term California inmates. In the county jail where I worked some of my students went through a similar victims' awareness program, and even the most hard-edged guys who swore nothing would ever or could ever touch them were moved."

http://www.beaconbroadside.com/broadside/2009/11/david-chura-life-terms-for-minors-are-cruel-and-unusual-punishment.html.