Week 6, Entry 3: Children doing life...

Should something that someone as young as 10 years old does be held against them for the rest of their lives? Should minors convicted of murder be kept in prison forever, with no possibility of their redemption and return to society? How about those convicted of rape or other violent crimes that are not homicides? As frightening as it may seem, many states have answered all of these questions with a resounding yes. Driven mostly by politicians with a political agenda, they have failed to recognize that as minors mature, they are more likely to change and be rehabilitated if given the opportunity. Incarceration for life without the possibility of parole denies these youngsters any ability to redeem themselves.

Fortunately, the Supreme Court ruled in May 2010 that life sentences for crimes other than murder are unconstitutional. This will invalidate laws in 37 states which allow life imprisonment for juveniles in non-homicide cases. It also recognizes the fact that life imprisonment could constitute cruel and unusual punishment when applied to those who haven’t really even begun in life. This decision will allow at least 109 juveniles throughout the country, including at least 77 in Florida alone to be eligible for release at some point.



As great as this decision is, what about kids that commit murder? Those who commit murder may still be imprisoned for life without the possibility of parole. The Supreme Court did not rule that murder sentences of life for juveniles were unconstitutional. Fortunately, some states and the federal government are beginning to reconsider condemning minors to life in prison and are allowing release to be an option at some point (although in many cases these minors will be middle aged or older before they could even be considered for release). I believe that this balances the obligation of the government to protect society from dangerous criminals, while allowing for redemption for a crime committed as a youth. While murder is the most serious crime one can commit, given that children are highly impressionable and their minds are not fully developed should be a mitigating factor.



The real problem that remains is that whether one is charged as an adult for a crime committed as a juvenile or whether one serves life in prison for a murder committed as a juvenile really depends on the state where the crime occurred. This can result in a wide disparity in sentencing for the same crimes-just as occurs in many adult criminal cases. Perhaps the only solution to this problem would be either a Federal Law or a Constitutional Amendment which defines the age at which juveniles can be tried as adults. That’s unlikely to happen, but it may be the only way to ensure justice for juveniles.