Martine White
Criminology 340
Susan Rushing
May 6, 2014
Juvenile Life in Prison Without Parole
Before recent amendments to the law the US had been one of the only countries in the world that allowed juveniles to be sentenced to life in prison without the possibility of parole. Only eight states in the US did not allow life in prison without parole for juveniles. They were Colorado, Kentucky, Alaska, Kansas, New Mexico, West Virginia, Maine, New York and the District of Columbia. Many of these juveniles had committed first time offences. There is also many more African American youth sentenced for life than there are white. Studies show that a sentence of life without parole for a minor is 10 times more likely for a youth of color than a white one (Arthur and Armstrong). In 2005 as a result of Roper v. Simmons the Supreme Court established that it was illegal to use the death penalty on anyone that had committed a crime under the age of 18. Later, in 2010 after the ruling of Graham v. Florida the US Supreme court ruled that sentencing a minor to life in prison without parole for cases other than murder was illegal. They decided this because of the argument that life in prison for a minor violated the 8th amendment, which states that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” because life in jail for a minor can be seen as cruel and unusual punishment (U.S. Const. Amdt. 8). The rest of this paper will explore the progression of this issue over the next few years. It will discuss the case of Miller v. Alabama which questioned if life without parole for a minor that had been convicted of murder was constitutional, and the implications of this case. Also it will exp...
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...noticing that children should not be held for the same amount of accountability as adults. Scientific advancements on understanding the brain have come to show us that adolescent’s brains are simply not as developed as adults and are therefore incapable of making the same decisions. I agree with Delaware’s decision on how to treat former cases where juveniles were sentenced to life without parole. I too think that they all have the right to be reevaluated but after a significantly long sentence. People have the ability to change and reform. It is in our nature to learn from our mistakes. Changing, however, takes a lot of self-motivation and desire to become a better person. So it is likely that even after being reevaluated many prisoners will be spending their whole lives in jail anyway. However, we must give the few that want to improve the chance for freedom.
Many people say that the systems first priority should be to protect the public from the juvenile criminals that are a danger to others. Once the juveniles enter the system there is however, arguments on what should be done with them. Especially for those deemed too dangerous to be released back to their parents. Some want them locked away for as long as possible without rehabilitation, thinking that it will halt their criminal actions. One way to do this they argue would be to send them into an adult court. This has been a large way to reform the juvenile system, by lowering the age limits. I believe in certain cases this is the best method for unforgiving juveniles convicted of murder, as in the case of Ronald Duncan, who got away with a much lesser sentence due to his age. However another juvenile, Geri Vance, was old enough to be sent into the adult court, which caused him t...
In the article On Punishment and Teen Killers by Jenkins, sadly brings to our attention that kids are sometimes responsible for unimaginable crimes, in 1990 in a suburban Chicago neighborhood a teenager murdered a women, her husband, and her unborn child, as she begged for the life of her unborn child he shot her and later reported to a close friend that it was a “thrill kill”, that he just simply wanted to see what it felt like to shoot someone. A major recent issue being debated is whether or not we have the right to sentence Juveniles who commit heinous crimes to life in adult penitentiaries without parole. I strongly believe and agree with the law that states adolescents who commit these heinous crimes should be tried as adults and sentenced as adults, however I don’t believe they should be sentenced to life without parole. I chose this position because I believe that these young adults in no way should be excused for their actions and need to face the severe consequences of their actions. Although on the other hand I believe change is possible and that prison could be rehabilitating and that parole should be offered.
Capital punishment and bias in sentencing is among many issue minorities faced for many years in the better part of the nineteen hundreds. Now it continues to spill into the twenty first century due to the erroneous issues our criminal justice system has caused many people to suffer. In the book Just Mercy authored by Bryan Stevenson, Stevenson explains many cases of injustice. Stevenson goes into details of numerous cases of wrongfully accused people, thirteen and fourteen year olds being sentenced to death and sentences of life without parole for children. These issues Stevenson raises bring to question whether the death penalty is as viable as it should be. It brings to light the many issues our criminal justice system has today. There
“More than 2,500 children in the United States had been sentenced to life imprisonment without parole. Most juveniles sentenced to life imprisonment without parole had been convicted of homicide crimes. We estimated there were fewer than two hundred juveniles serving life without parole for non-homicide offenses” (Stevenson, 2014, pp. 269-270).
Hale, Robert L. A Review of Juvenile Executions in America. Vol. 3. Wales: Edwin Mellen, 1997. Print.
The adult system’s shifts leaked into the juvenile system, causing an increase in incarcerations even when delinquency rates were declining at the time. Juvenile reform legislations prompted more compulsory sentencing and more determinate sentences for juveniles, lowering of the upper age of juvenile jurisdiction, considerable ease in obtaining waivers to adult court for juvenile prosecution, and made it easier to gain access to juvenile records as well. Furthermore, it led to greater preoccupation with chronic, violent offenders, which in turn led to a redirection of resources for their confinement. Thereby, the absence of reliable criteria for identifying such offenders tends to stereotype all delinquents and is more likely to raise the level of precautionary confinements. These three major shifts in juvenile justice policy demonstrate the power and depth of traditional beliefs about the causes and cures of crimes in U.S. society. It also shows how the system can bend for a time in the direction of new approaches to prevention and control. Today, we are presently in a time of conservative responses where the prevailing views about crime express beliefs about prevention, retribution, and incapacitation that are profoundly rooted in our
In the United States, each year, there are numerous juvenile delinquents who are given mandatory life prison sentences. This paper will explain how a troubled boy at the age of 15 winds up being convicted, receiving one of the harshest punishments in the United States, and what actions may prevent future occurrence of this event happening to the lives of other delinquent youth.
Humanity instructs us that we must behave with tolerance and respect towards all. Just Mercy exemplifies how that is not the case for many Americans. Critical Race Theory is a theory which focuses on the experiences of people who are minorities. It argues that people who are minorities in the United States are oppressed and, because of the state of being oppressed, creates fundamental disadvantages (Lecture 4.7). A study conducted for the case McCleskey v. Kemp revealed that when a black defendant killed a white victim, it increased the likelihood the black defendant would receive the death penalty (Stevenson, 2014). Looking at this fact through the lens of a critical race theorist, it illustrates how unconscious racism is ignored by our legal system. The actuality that, statistically, people of color have a higher chance of getting sentenced to death than white people is a blatant example of inequality. In Chapter 8, Stevenson discusses the case of multiple juveniles who were incarcerated and sentenced to death in prison. These juveniles who were sent to adult prisons, where juveniles are five times more likely to be the victims of sexual assault, show an innate inequality towards minors (Stevenson, 2014). Ian Manuel, George Stinney, and Antonio Nunez were all only fourteen-years-old when they were condemned to die in prison. Although they did commit crimes, the purpose of the juvenile justice system is to rehabilitate young offenders. Trying juveniles in adult court represents a prejudice against age, which Stevenson sought to fight by working on appeals for Manuel and Nunez (Stevenson, 2014). His humanity shines through once again, as he combats the justice system to give the adolescents another chance at life, rather than having them die in prison. The way prisoners with mental and/or physical disabilities are treated while incarcerated is also extremely
Rather than robbing them of the chance to grow and become better human beings, though, the government has the ultimate responsibility to help transform these troubled youths into upstanding citizens—even if it is within the walls of a prison rather than a classroom or office building. Executing minors does nothing but remind us of America’s stubbornness to do what may take time but in the end is right.
Heinous crimes are considered brutal and common among adults who commit these crimes, but among children with a young age, it is something that is now being counted for an adult trial and punishable with life sentencing. Although some people agree with this decision being made by judges, It is my foremost belief that juveniles don’t deserve to be given life sentencing without being given a chance at rehabilitation. If this goes on there’s no point in even having a juvenile system if children are not being rehabilitated and just being sent off to prison for the rest of their lives and having no chance getting an education or future. Gail Garinger’s article “ juveniles Don’t deserve Life sentence”, written March 14, 2012 and published by New york Times, mentions that “ Nationwide, 79 adolescents have been sentenced to die in prison-a sentence not imposed on children anywhere else in the world. These children were told that they could never change and that no one cared what became of them. They were denied access to education and rehabilitation programs and left without help or hope”. I myself know what it’s like to be in a situation like that, and i also know that people are capable of changing even children when they are young and still growing.
“Criminal Law and Procedure -Eighth Amendment- Juvenile Life Without Parole Sentences: Graham v. Florida” (2009) Harvard Law Review. N.p., n.d. Web. 6 Apr. 2011.
Fair sentencing of youth state's “Children sentenced to life in prison without parole are often the most vulnerable members of our society” The Gail Garinger article, “Juveniles Don’t Deserve Life Sentences” discusses about children deserving a second opportunity. According to Garinger, children should receive a second chance and help so they could be mentally stable. According to Justice Elena Kagan she discusses that Juveniles without parole affects the way he develops throughout his life time. I agree with the majority decision that Juveniles should not be sentenced to life in prison and that they should be given a second chance because they deserve to fix their mistakes.
This paper will discuss the history of the juvenile justice system and how it has come to be what it is today. When a juvenile offender commits a crime and is sentenced to jail or reform school, the offender goes to a separate jail or reforming place than an adult. It hasn’t always been this way. Until the early 1800’s juveniles were tried just like everyone else. Today, that is not the case. This paper will explain the reforms that have taken place within the criminal justice system that developed the juvenile justice system.
Savage, David G. "Supreme Court Rules Mandatory Juvenile Life Without Parole Cruel and Unusual". The Los Angeles Times, 25 June. 2012. Web 21 Dec. 2013
Today?s court system is left with many difficult decisions. One of the most controversial being whether to try juveniles as adults or not. With the number of children in adult prisons and jails rising rapidly, questions are being asked as to why children have been committing such heinous crimes and how will they be stopped. The fact of the matter is that it is not always the children's fault for their poor choices and actions; they are merely a victim of their environment or their parents. Another question asked is how young is too young. Children who are too young to see an R rated film unaccompanied are being sent to adult prisons. The only boundaries that seem to matter when it comes to being an adult are laws that restrain kids from things such as alcohol, pornography, and other materials seen as unethical. Children that are sent to adult prison are going to be subjected to even more unprincipled ideas and scenes. When children can be sent to jail for something as minor as a smash and grab burglary, the judicial system has errors. The laws that send juveniles to adult prisons are inhumane, immoral, and unjust. Kids are often incompetent, which leads to unfair trials. Adult prisons are also very dangerous for minors, and in many cases this leads to more juvenile crimes.