Supreme Decision: Life Sentences for Juveniles 14 and Younger

SCHAUMBURG, IL, January 11, 2012 (Press-News.org) Illinois is among 19 states that imposes life sentences to juveniles 14 and younger, according to the Los Angeles Times.

That could soon change.

According to the Times report, the U.S. Supreme Court recently decided to consider whether to limit life sentences for juveniles 14 and younger. Currently, 73 people are serving life sentences with no chance of parole for their involvement in homicides committed at the age of 14 or younger.

In fact, a research by the University of San Francisco School of Law found that the U.S. is one of two countries worldwide to sentence youth to life without parole for crimes committed. Isreal is the other.

Illinois has four prisoners age 14 or younger -- tied for the fourth most in the nation behind Pennsylvania (18), Florida (15) and North Carolina (five) -- and another 99 juveniles serving life without parole. That's according to The New York Times.

California used to require mandatory life without parole for anyone 14 and younger involved in homicides, but it has since changed its law. The Los Angeles Times reports sentencing is currently left to the discretion of the judge.

A handful of states, including Texas, Colorado, Kentucky, Montana, Alaska, Kansas, New Mexico and Oregon have laws in place prohibiting life sentences for 14 and younger juveniles.

The bottom line: Each state handles these types of sentences differently.

Supreme Court Weighs In

Two lifers -- one from Alabama, the other from Arkansas -- appealed their sentences. The justices voted to hear the prisoners' cases and will now decide whether a life sentence without parole for juveniles 14 and younger violates the Constitution's ban on cruel and unusual punishment.

The high court has ruled on similar cases involving juveniles before.

Most recently, the justices ruled it was unconstitutional for Florida and other states to implement life terms without chance of parole for juveniles -- defined as younger than 18 -- whose illegal acts did not include a homicide. The court determined these criminals were privy to a parole hearing at some point. If deemed a non-threat to society, the inmate would be granted restricted release.

Each case under review, on the other hand, involves individuals convicted of murder and connected to a homicide. Both inmates were 14 at the time their crimes were committed.

The Alabama boy, along with a 16-year old, killed an intoxicated neighbor by setting the victim's trailer home on fire, following a fight. The 16-year old pinned the act on the younger boy, who is now serving life in prison.

The Arkansas boy was entangled in attempted robbery of a video store during which another teen killed the store clerk with a firearm. While the youth was not accused of discharging the weapon, or "intending to commit murder," he received a mandatory life term without parole.

The civil rights attorney representing both juveniles hopes the justices declare these life terms for criminals 14 and younger as unconstitutional on grounds that the majority of states do not impose such severe sentences on their youth.

The Los Angeles Times suggests the outcome of the Arkansas and Alabama youths' cases will come down to one particular associate justice, Anthony M. Kennedy. Kennedy, back in 2005, ruled with the majority in a 5-4 decision to abolish the death penalty for those under 18 years old convicted of a crime. His vote proved to be the difference in the Florida matter.

A ruling on the cases -- one that could dramatically change the future sentences of criminals 14 and younger involved in a homicide -- is expected sometime by summer 2012.

Article provided by Michael T. Norris, Ltd. and John W. Callahan, Ltd.
Illinois Juvenile Defense Lawyers

Website: http://www.dupagecountycriminallaw.com