A Lifetime Behind Bars: Is It a Fair Punishment for Juvenile Offenders?

June 27, 2012

Making mistakes is a part of growing up. For most of us, the consequences of our youthful transgressions amount to little more than a scolding from parents, perhaps an apology or some community-minded labor, and a lesson well learned. Yet, for hundreds of inmates in America's penal system, mistakes made as juveniles define their entire adult lives.

According to Amnesty International and the Human Rights Watch, the United States is the only country in the world that regularly sentences juveniles to life in prison without the possibility of parole. True, the sentence is reserved for only the gravest of juvenile offenses. But, even for the worst crimes, is it prudent policy to ignore the problems in the sentencing system as well as the bodies of evidence suggesting that criminals who committed their offenses when under the age of 18 have huge potential to change?

Pennsylvania Leads the Nation in Number of Youths Incarcerated for Life

Across the United States, over 2,500 individuals are currently serving life sentences without the possibility of parole for crimes they committed as juveniles. Pennsylvania has imprisoned more juvenile offenders for life than any other state in America: with no hope of reprieve, over 440 such inmates await the slow march of time in Pennsylvania. Michigan comes in a distant second, at 376.

In total, 39 states have laws that make life without parole the punishment for murder, even for juveniles. However, 10 states put the minimum age for life without parole at 12, and many more put it at 13 or 14. Just 18 states have actually imposed sentences of life without parole on offenders 14 or younger.

Troubling Trends Among Juveniles Facing Life Imprisonment

According to a new report released in conjunction with the advocacy groups Chance 4 Youth and the American Civil Liberties Union, a disturbing level of justice-system dysfunction is unique in the context of youths sentenced for life.

One major issue is racial disparities: according to the report, black youths account for 28 percent of juvenile arrests nationwide, but account for 35 percent of juvenile defendants who are waived to adult court. In addition, juveniles accused of killing white victims were found to be 22 percent more likely to receive plea offers compared to those charged with killing black victims. In some geographic areas, the problem is even more pronounced: for instance, in Michigan, 73 percent of those serving life sentences for juvenile crimes are racial minorities, even though minority youths represent only 29 percent of the state's juvenile population.

Another problem is access to justice. The report found that in Michigan, 38 percent of the attorneys representing youths sentenced to life without parole had been publicly sanctioned or disciplined for "egregious violations of ethical conduct." For other lawyers, the rate of sanction was a mere five percent. Juveniles were found to reject plea offers at a much higher rate than adults as well, partially a function of their own inexperience and inability to recognize the value of a plea deal, but perhaps also due to subpar legal counsel: juveniles represented by attorneys who had not been disciplined were 43 percent more likely to accept favorable plea bargains for less serious crimes than those represented by lawyers who had been disciplined.

"Juveniles are getting sentenced more harshly than adults because of their inability to negotiate the adult criminal justice system," Deborah LaBelle, human rights advocate and principle author of the study, told The Huffington Post.

Supreme Court Takes up Fundamental Fairness Issue in Eighth Amendment Challenge

Whatever the systemic deficiencies in the youth sentencing system, most advocates agree that the biggest problem with life sentences without parole for juveniles is one of simple fairness. The widely held scientific consensus is that teenagers' brains are not fully developed; teens have a diminished ability to comprehend the consequences of their actions; and they are more easily influenced by peer pressure. Furthermore, youths have a great potential to be able to change their behavior over time -- to become fully rehabilitated, law-abiding citizens. Is it right, then, to impose a lifetime behind bars on someone not fully in control of his or her actions, who may in time develop a stronger moral compass?

Many advocates would answer that question with a resounding "no," and they have brought their battle to the U.S. Supreme Court. The nation's highest court heard oral arguments in March, 2012, in two cases in which 14-year-olds were convicted of murder and sentenced to life without parole. Defense lawyers argue that life without parole for juveniles is unconstitutional under the U.S. Constitution's Eighth Amendment prohibition against cruel and unusual punishment.

The Supreme Court accepted the arguments that minors are physiology predisposed to impulsivity and are less able to foresee consequences when it struck down the death penalty for juveniles in 2005. But, in its decision invalidating the death penalty for juveniles as cruel and unusual punishment, the Supreme Court discussed the availability of life without parole as an alternative, suggesting that at the time the Court considered life sentences a constitutional punishment for juveniles.

Accused Youths Need Experienced Legal Counsel

The taking of a human life is society's greatest taboo, and an act deserving of severe punishment. But is it right to throw away two lives instead of one, when the possibility of eventual redemption looms so heavily for a youthful offender?

Only time will tell what edict the Supreme Court hands down on life without parole for juveniles. In the meantime, any youth accused of a serious crime has a dire and immediate need of excellent legal counsel. If a young person in your life is facing charges, get in touch with an experienced criminal defense attorney as soon as possible.

Article provided by The Law Offices of Gary E. Gerson
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