2,484 Children Serving Time without Hope

Last week Bobby Scott (R-VA) held a subcommittee hearing on HR 4300, the Juvenile Justice and Accountability Act. Unfortunately the legislation is politically nonviable as politicians would rather not look ’soft on crime’ in an election year. This is a real tragedy because the legislation proposes much needed changes in the sentencing laws relevant to the children in our communities.

Currently in the United States there are 2,484 children under the age of 18 who are serving life sentences with no chance for parole. 9 of them are 13 years old, all 9 of those are African-American. Those 2,484 youth are the only ones in the world serving such harsh sentences, no other nation in the world currently has any kids serving life sentences without the possibility of parole.

That is to say that we as a society have deemed kids as young as 13 as nonredeemable. As a society we have looked at their actions and determined them to be forever unfit to reenter society. We see no possibility of personal growth, reform or even simple maturation of these individuals.

The use of this sentence with youth is problematic on a number of fronts. First, it is often grossly disproportionate to the crimes committed. The majority (59%) of youth convicted to JLWOP are first time offenders. Those who were convicted with co-defendents were found in nearly 70% of the cases, to have been engaging in the illegal activity with an adult.

Second, the court uses a double standard when it comes to judging the capacities of those under the age of 18. Teenagers are not deemed old enough to vote, drink, smoke or drive without some restrictions, but they are being tried and convicted as human beings with adult decision making capabilities. The extensive use of technology has allowed scientists and psychologists to better understand brain development in adolescents and young adults. They understand now, better than ever, that the frontal lobes of the brain, the portion responsible for executive functions (such as decision making, restraining impulses, and the capacity for understanding how one’s actions will affect others), develop at the end of adolescence and in early adulthood. In addition, the science behind the tracking of brain functions make it incredibly difficult to credibly predict the future actions of an adolescent. In essence, there is an assumed maturation rate of the brain that is ignored by mandates to sentence juveniles to life without parole.

The Supreme Court has held (in Roper v. Simmons) that the 8th and 14th amendments forbid sentencing a individual to death whose crime was committed when they were under the age of 18. The majority opinion states that “When a juvenile offender commits a heinous crime, the State can exact forfeiture of some of the most basic liberties, but the State cannot extinguish his life and his potential to attain a mature understanding of his own humanity.” The argument follows that it would then be unconstitutional to sentence a juvenile to life without parole, a death sentence of another sort, without ever giving the individual a meaningful opportunity to demonstrate a ‘mature understanding of his own humanity’ and a chance for parole. If the individual demonstrates no remorse, no sign of reform or maturation, parole shall not be granted- just as with any other prisoner.

To deny youth of a meaningful opportunity for parole is to sentence them to death inside prison walls, with no hope for redemption or change. It is a shame that our politicians are so concerned with their own re-election campaigns that they are unwilling to stand for a public policy that sends the message to our youth that they can change for the better, that their worst mistake is not their only defining characteristic, and that if they change their life for the better we would value their contributions to our communities.