Monday, November 23, 2009

America must join the civilized world on teen life sentences

Earl Ofari Hutchinson | Posted November 20, 2009 2:20 AM

In 2005 the U.S. Supreme Court took a huge step toward joining nearly all nations on the globe when it banned teen executions. But it was only a step. The U.S. still locks up more juveniles for life without the possibility of parole than all nations combined. The High Court will rule on two Florida cases where juvenile offenders got no-parole life sentences. In those cases as well as tens of others, the juvenile offenders received life without parole sentences for crimes that did not involve murder. The offenders ranged in age from 13 to 16 years old. There are about 100 juvenile offenders incarcerated for life in eight states with no chance for parole. Nineteen states in all still have no-parole sentences for juveniles on their books.

The 100 offenders who are serving the draconian no-parole sentences though are only the tip of a more terrifying iceberg. A year ago Human Rights Watch found that more than 2,000 juvenile offenders are serving life without possibility of parole sentences. A significant number of the juveniles sentenced to no-parole sentences did not actually commit murder but were participants in a robbery or were at the scene of the crime when the death occurred. The majority of the teens slapped with the sentence had no prior convictions, and a substantial number were age 15 or under.

The stock argument against a blanket ban on no-parole sentences is that violence is violence no matter the age of the perpetrator, and that punishment must be severe to deter crime. Prosecutors and courts in the states that convict and impose no-parole life sentences on juvenile offenders have vigorously rejected challenges that teen no-parole sentences are a violation of the constitutional prohibition against cruel and unusual punishment.

Hollywood movie sensationalism and media-driven myths about rampaging youth not to mention the very real horror stories of gang violence and young persons who do commit horrendous crimes also reinforce the popular notion that juveniles are violent predators. This has done much to damp down public sentiment that juvenile offenders can be helped with treatment and rehabilitation and deserve a second chance rather than a prison cell for life.

This is not to minimize the pain, suffering and trauma, juvenile offenders cause to their victims and their loved ones with their crimes. However, a society that slaps the irrevocable punishment of life without parole on juvenile offenders sends the terrible message that it has thrown in the towel on turning the lives of young offenders around. Supreme Court Justice Arthur Kennedy hinted at just that in his majority opinion that scrapped teen executions. Kennedy noted that, "the punishment of life imprisonment without the possibility of parole is itself a severe sanction, in particular for a young person."

Kennedy acknowledged, as have legions of child violence experts, that juveniles don't have the same maturity, judgment, or emotional development as adults. Child experts agree that children are not natural-born predators and that if given proper treatment, counseling, skills training and education, most juvenile offenders can be turned into productive adults.

In a report on juveniles and the death penalty, Amnesty International found that a number of child offenders sentenced to death suffered severe physical or sexual abuse. Many others were alcohol or drug impaired, or suffered from acute mental illness or brain damage. Nearly all were below average intelligence. Some of the juvenile offenders were goaded, intimidated, or threatened with violence by adults who committed their violent crimes and forced them to be their accomplices.

Then there's the issue of race. The no-parole sentences are hardly race neutral. Black teens are 10 times more likely to receive a no-parole life sentence than white youths. They are even more likely to get those sentences when their victims are white. This was the case in the two Florida cases the Supreme Court will look at. They are often tried by all-white or mostly-white juries. Those same juries seldom consider their age as a mitigating factor. The racial gap between black and white juvenile offenders is vast and troubling. The rush to toss the key on black juveniles has had terrible consequences in black communities. It has increased poverty, fractured families, and further criminalized a generation of young black men.

The Supreme Court in its decision to ban juvenile executions recognized that a civilized nation can't call itself that if it executes its very young. The Supreme Court should recognize that a nation that locks up its very young and tosses the key away on them also can't be called a civilized nation. It should scrap the no-parole life sentences for juveniles.

Earl Ofari Hutchinson is an author and political analyst whose radio show, "The Hutchinson Report," can be heard weekly KTYM Radio and

Wednesday, November 11, 2009

Do young criminals deserve a second chance?

Not everyone can be saved. I believe that there are kids who, as a result of abuse and neglect, are so devoid of conscience and empathy that they will likely never become productive members of society. I say this with deep regret and anguish.

But how do we know who will mature, grow, learn and develop a conscience and who will stay stuck in their antisocial, violent and destructive ways? How can we make sure that we're not keeping the next Charles S. Dutton unnecessarily behind bars when he is ready and able to walk back into the world and give back something good, if not extraordinary?

When you push away all the legal mumbo jumbo, this was the question at the heart of yesterday's Supreme Court hearing over juveniles in the criminal justice system. Technically, the justices were asked to decide whether it is unconstitutional to sentence kids who have committed non-homicide crimes to life behind bars without the possibility of parole. In reality, the justices were weighing salvation. Is it okay to sentence a 13-year-old to a mandatory life term for raping a 72-year-old woman? How about throwing away the key for a 17-year-old involved in a series of burglaries? If it would be constitutional to hit an 18-year-old with a guaranteed life behind bars, why should someone just a month short of this landmark birthday be spared the same fate?
Some on the bench, including Justice Ruth Bader Ginsburg, seemed to be pushing for a bright line, an age below which no defendant could be sentenced to life without parole. Others, primarily Chief Justice John G. Roberts Jr., seemed intent on avoiding an artificial cutoff in favor of an approach that would call on judges to take into account the offender's age in determining whether the punishment was appropriate. Both approaches have merit.

Unless you draw a bright line, there will be kids who, depending on the state or county they're prosecuted in, will be thrown into prison for the rest of their lives with no opportunity to prove they deserve a second chance. In Florida, for example, kids as young as 10 or even 5 or 6 can in theory be sentenced to life without parole. It's never happened -- and such a sentence would be outrageous -- but it could. Statistics provided by lawyers for the two juveniles whose cases were argued yesterday point to the fact that 84 percent of kids sentenced to life without parole for non-homicides are African American. The numbers, in and of themselves, don't prove that black kids are unjustly targeted for such harsh sentences, but it certainly raises concerns about the possibility that they are.

The cleanest way to prevent an absurd result would be to declare that it is unconstitutional for anyone under the age of 18 to be hit with the mandatory life sentence. After all, 18 is used in a variety of circumstances to determine eligibility for privileges and responsibilities -- from voting to owning a gun to entering into a legally-binding contract. The age of 18 is -- importantly -- also the age the justices settled on in a 2005 case from Missouri to conclude that the death penalty was unconstitutional when applied to juveniles. And therein lies the problem -- and paves the way for the chief justice's approach.

The "kid" in the Missouri case, Christopher Simmons, was about nine months shy of his 18th birthday when he decided he wanted to murder someone. He recruited two other teens and planned to break into a home, tie up the victims with duct tape and throw them off a bridge. According to the court's decision, Simmons reassured his friends that "they'd get away with it" because they were minors. Simmons stuck to his plan: He broke into the home of Shirley Crook, whose husband was away on business, bound her hands, legs and face with duct tape, and threw her -- alive -- off a bridge; her body was discovered the next day by local fishermen. Simmons was convicted and sentenced to be executed, but because he was not 18 years old when he committed the crime a majority of the justices determined he could not be put to death. Because of the court’s 2005 decision no offender who murders as a teen -- even as a 17-year-, 364-day-old teen -- can be subject to capital punishment. I understand the misgivings of those who can't uncategorically embrace this decision.

But what about kids who don't kill but commit other crimes, including rape or violent assault? To deny a 13-year-old a second chance after serving a lengthy prison sentence seems grotesque to me. He will not be the same person at 23 that he was at 13; he is likely to be more different still when he is 33 or 43. Those who commit violent acts must face serious punishment, but all juvenile offenders locked up for non-homicide crimes should eventually be given a second chance to prove that they are worthy of being trusted to rejoin society. My hope is that most of these offenders will be mature and rehabilitated enough to earn release. My gut tells me some of them will never be.

By Eva Rodriguez | November 10, 2009; 1:08 PM ET