Both momentum and challenges are evident at the second anniversary of the Miller v. Alabama decision.
The U.S. Supreme Court ruled on June 25, 2012 that mandatory sentences of life in prison without the possibility of parole are unconstitutional when imposed upon children.
This interactive map shows how states have responded to eliminate or limit these extreme sentences.
Pope Francis calls for “mercy, forgiveness and reconciliation” in a response to hundreds of letters sent to him from people serving life in prison without the possibility of parole for crimes committed as children. His letter amplifies the leadership and deepening support from diverse partners in the faith community for age-appropriate alternatives to life in prison without parole for children.
“Their stories and their plea that this form of sentencing be reviewed in the light of justice and possibility of reform and rehabilitation moved me deeply,” he wrote.
In late March, the Campaign for the Fair Sentencing of Youth (CFSY) sent letters to people serving these extreme sentences, inviting them to write letters to Pope Francis about their experiences. More than 500 people responded with heartfelt letters.
Many spoke about the hope they felt because of the sheer possibility the Pope might care to read their words. Others wrote about the challenge of remaining inspired and motivated after having been told as children they would die in prison. They shared stories of redemption, remorse and transformation, with the leader of the Catholic Church, who has previously expressed his concern for youth in prison.
“Pope Francis, may I please ask you to speak out against this deplorable US policy to sentence children to die in prison?” wrote one person. “I know through my own experiences that children grow. I have grown. I would not ask you to consider doing this if I knew in my heart my life was not different. I pray that you get to read my letter.”
The response from the Pope is important both to the people who wrote to him and the growing movement to replace life-without-parole sentences for children with age-appropriate alternatives.
“Pope Francis’ letter gives hope to, and acknowledges the humanity of, the approximately 2,500 people who were condemned to die in prison as children,” said Jody Kent Lavy, director and national coordinator of the Campaign for the Fair Sentencing of Youth. “His message affirms what we stand for—we are all more than our worst mistake and no child should ever be discarded forever.”
The Pope’s letter comes as more states than ever before are grappling with how to hold young people accountable for serious crimes in light of recent Supreme Court decisions scaling back extreme sentences for children, robust bodies of adolescent development research proving the fundamental differences between children and adults, and the debunking of the superpedator theory, which led to the “tough-on-crime” policies that allow our children in the United States alone to be sentenced to life in prison without hope of ever being released.
The letters were all sent to the CFSY. The CFSY forwarded them to Father Michael Kennedy, S.J., executive director of the Jesuit Restorative Justice Initiative. He, along with the Archdiocese of Los Angeles, arranged to have the letters sent to Pope Francis just before Easter. The Pope responded in a May 7 letter to Father Kennedy.
“After seeing so many youth struggle to find and maintain hope after receiving the cruel sentence of life without parole, I am inspired by each one of those who still believe that God, with the help of the prophetic words of Pope Francis, will ensure they have a second chance of being home with their families one day,” said Father Kennedy. “It is my hope (or prayer or other suitable word) that the Pope’s words will lead people of faith to do even more to bring about the changes that can lead us to that day.”
Faith communities have played a key role in the effort to replace sentences of life without parole for children with age-appropriate alternatives. The United States Conference of Catholic Bishops is among the endorsers of the CFSY’s Statement of Principles. Among the other faith-based organizations endorsing the statement are the United Methodist Church General Board of Church and Society, the Unitarian Universalist Association of Congregations, Church of the Brethren Global Partnerships, Buddhist Peace Fellowship and others.
The Florida Legislature has passed a bill that is expected to significantly limit the state’s practice of sentencing children to die in prison.
Under HB 7035, almost every child who could have previously been sentenced to life without parole will be given the opportunity to go back before a judge to have his or her sentence reviewed after serving a specified amount of time in prison. The bill will apply to those sentenced on or after July 1, 2014.
In addition, judges will be required to conduct an individualized sentencing hearing to consider circumstances related to the youthfulness of the defendant prior to imposing a life sentence upon a youth. During the hearings, judges must consider a number of factors, including but not limited to the child’s age and maturity, role in the crime, background, and potential for rehabilitation. If a life sentence is imposed, most children will still be eligible for review after 15, 20, or 25 years, depending on the offense. After an individualized sentencing hearing, only youth with prior convictions in adult criminal court can be denied the opportunity for review later in life. HB7035 now goes to Gov. Rick Perry for his signature.
“While the legislature stopped short of completely abolishing its practice of sentencing Florida’s children to life in prison without parole for serious crimes, it took important steps that should ensure most receive a second chance at life,” said Jody Kent Lavy, director & national coordinator at the Campaign for the Fair Sentencing of Youth. “Florida joins a growing number of states rethinking their policies for holding youth accountable for serious crimes in light of recent Supreme Court decisions and adolescent development research finding that children are fundamentally different from adults. This is in line with a trend in support of reform of policies that fail to account for such differences.”
The bill follows rulings by the U.S. Supreme Court which found that children are constitutionally different from adults and should not be subject to our nation’s harshest penalties. The Court ruled in 2010’s Graham v. Florida that it is unconstitutional to sentence children to life in prison without the possibility of parole for non-homicide crimes. In 2012, the Court ruled in Miller v. Alabama that it is unconstitutional to impose a mandatory sentence of life without parole for a crime committed as a child.
“The children in our prisons belong to all of us,” said Angela Williams, who has lost 12 family members to gun violence and is founder and executive director of the West Palm Beach-based Mothers Against Murderers Association. “By creating a system that will provide an opportunity for children convicted of serious crimes to have their sentences reviewed later in life, we acknowledge that young people can change and be rehabilitated.”
Florida is among the five states that have sentenced two-thirds of the nation’s children serving life without parole. Approximately 195 of the 2,500 youth sentenced to life without parole are incarcerated in Florida.
The coalition of organizations leading the efforts in Florida includes Human Rights Watch, Southern Poverty Law Center, Florida Association of Criminal Defense Lawyers, Florida Catholic Conference, Paolo Annino and the Florida State University College of Law Public Interest Law Center, and the state’s public defenders.
“The United States has the shameful distinction of being the only country in the world that sentences its youth to life sentences without a chance at parole,” said Natalie Kato, southern US state advocate at Human Rights Watch. “By signing this bill into law, Governor Scott would be helping Florida and the country to come closer to leaving this unjust and disgraceful practice behind.”
The Campaign will continue to work with advocates in Florida to advance future reforms after this initial important step.
The Hawaii Legislature also passed a bill last week to address youth sentencing. Hawaii’s HB 2116 CD1 eliminates life without parole as a sentencing option for all children. The bill has been sent to Gov. Gov. Neil Abercrombie for his signature.
Read the bill: http://flsenate.gov/Session/Bill/2014/7035/Amendment/841792/HTML
Hawaii has abolished the practice of sentencing children to life in prison without the possibility of parole.
The legislature has approved HB 2116 CD1 and sent it to Gov. Neil Abercrombie for his signature. Gov. Abercrombie signed the measure into law on July 2.
“In Hawaii, family is the most important part of life,” said Kauai County Prosecuting Attorney Justin Kollar. “I am proud of our legislators for acknowledging that the minds of children are different from those of adults in very specific ways. Certainly, when children commit serious crimes, we in law enforcement must respond and protect the community; however, putting a child in prison and throwing away the key is not a humane or cost-effective solution to this problem.”
Legislators note in the bill that “children are constitutionally different from adults and that these differences must be taken into account when children are sentenced.” The bill further states that “children are more vulnerable to negative influences and outside pressures, including from family and peers, they have limited control over their own environment, and they may lack the ability to extricate themselves from horrific, crime-producing settings.”
The bill notes that children typically age out of criminal behavior. “Youthfulness both lessens a juvenile’s moral culpability and enhances the prospect that, as the youth matures into an adult and neurological development occurs, the individual can become a contributing member of society.”
“In passing this legislation, Hawaii legislators became part of a growing number of policymakers and opinion leaders ranging from President Jimmy Carter to former Speaker of the House Newt Gingrich, and national organizations such as the Boy Scouts, corrections organizations and faith bodies who have called for reform in the ways that we hold children accountable for serious crimes,” said Jody Kent Lavy, director and national coordinator at the Campaign for the Fair Sentencing of Youth. “These lawmakers have demonstrated that we can hold children accountable for the harm they have caused without sentencing them to die in prison. We call on Gov. Abercrombie to act quickly to sign this important legislation.”
Under HB 2116 CD1, children who are convicted of first-degree murder will be sentenced to life in prison with the possibility of parole. Under existing Hawaii law, once individuals become eligible for parole, they are entitled to review every 12 months. They are also entitled to counsel and there is a presumption in favor of parole if they have been ‘assessed’ as having a low likelihood of reoffending. The parole hearing also must be transcribed and archived, and the paroling authority must state its reasons for granting or denying parole.”
Prosecutors in Hawaii supported the passage of the bill.
The United States is the only country in the world that imposes this sentence upon our children.
The Campaign for the Fair Sentencing of Youth is celebrating five years of progress in the effort to implement age-appropriate accountability measures in place of life without parole and other extreme sentences for children.
This week, we are featuring five stories about people whose lives have been changed by life without parole for children.
Cindy Sanford
Cindy ‘s perspective on life without parole for children changed when she encountered a young man serving the sentence. She now considers him her son.
Hear from others whose lives were changed by extreme youth sentencing
The Campaign for the Fair Sentencing of Youth is celebrating five years of progress in the effort to implement age-appropriate accountability measures in place of life without parole and other extreme sentences for children.
This week, we will feature five stories about people whose lives have been changed by life without parole for children.
Preston Shipp
Former prosecutor whose perspective on sentencing changed after he got to know young people sentenced to die in prison.
Hear from others whose lives were changed by extreme sentences for youth
Xavier McElrath-Bey went to prison at 13 for his role in a murder
The Campaign for the Fair Sentencing of Youth is celebrating five years of progress in the effort to implement age-appropriate accountability measures in place of life without parole and other extreme sentences for children.
This week, we will feature five stories about people whose lives have been changed by life without parole for children.
Xavier McElrath-Bey
Sentenced to prison at 13 after he was involved in a gang-related murder
Hear from others whose lives were changed by extreme youth sentencing
The Campaign for the Fair Sentencing of Youth is celebrating five years of progress in the effort to implement age-appropriate accountability measures in place of life without parole and other extreme sentences for children.
This week, we will feature five stories about people whose lives have been changed by life without parole for children.
Ralph Brazel and Esi Mathis
Ralph was given three life-without-parole sentences at 17. Esi, his mother, is an advocate for sentencing reform.
Preston Shipp
Former prosecutor whose perspective on sentencing changed after he got to know young people sentenced to die in prison
Xavier McElrath-Bey
Sentenced to prison at 13 after he was involved in a gang-related murder
Cindy Sanford
Cindy’s perspective on life without parole for children changed when she encountered a young man serving the sentence. She now considers him her son.
In his TEDx talk “No Child is Born Bad,” Xavier McElrath-Bey, youth justice advocate at the CFSY, discusses the violence and poverty he experienced as a child and how that led him to seek family connections in a gang. He also talks about his arrest and incarceration, what led him to change and the need to reform laws that impose adult sentences upon children.
“No Child is Born Bad” TEDx Northwestern U talk by Xavier McElrath-Bey
West Virginia has eliminated the practice of sentencing children to die in prison. Every child convicted and sentenced in adult court will be eligible for parole no later than after serving 15 years. With this new law, West Virginia is among a growing number of U.S. states that have either abandoned this sentence or severely limited its use. The U.S. is the only country in the world that imposes this sentence upon children.
“We applaud West Virginia for responding in a meaningful way to the recent U.S. Supreme Court rulings that children are ‘constitutionally different’ from adults and should not be subject to our nation’s harshest punishments,” said Jody Kent Lavy, director & national coordinator of the Campaign for the Fair Sentencing of Youth. “This new law ensures young people are held accountable for harm they have caused in a way that accounts for their unique characteristics as children and offers them hope of a second chance.”
Gov. Earl Ray Tomblin signed HB 4210 into law on Friday. The bill passed with overwhelming bi-partisan support in the House of Delegates and unanimously in the Senate.
“This bill demonstrates that we take seriously our responsibility of caring for young people and for making sure our communities are safe,” said Sen. Corey Palumbo, D-Kanawha, Chair of the Senate Judiciary Committee. “Under HB 4210, children who are convicted of serious crimes will be held accountable for their actions. However, they will also be given a meaningful opportunity to demonstrate later in life that they have been rehabilitated and deserve a second chance. This bill represents our understanding that children are different from adults and that our courts need to take these differences into account when dealing with children. It is also sound fiscal policy for West Virginia, allowing us to maintain public safety while ensuring that we make the best use of our state’s limited financial resources.”
The U.S. Supreme Court ruled in Miller v. Alabama that it is unconstitutional to impose an automatic sentence of life without the possibility of parole for crimes committed as children. It also requires that sentencing authorities consider specific factors when children face the possibility of these sentences. Drawing on this guidance, HB 4210 requires the consideration of 15 specific factors when determining the appropriate sentence for a child convicted of a serious crime. Among these are the child’s age, role in the crime, intellectual capacity, history of trauma, family background and potential for rehabilitation.
HB 4210 will provide children with several opportunities to be considered for review and release. If parole is not granted at 15 years, review is available again every year for children who receive sentences short of a life term and every three years for children sentenced to life with parole in prison.
The United States Supreme Court, in three rulings during the past decade, has scaled back the use of extreme sentences for children. Policymakers throughout the country, opinion leaders as diverse as President Jimmy Carter and Former Speaker of the House Newt Gingrich, and editorial boards at the New York Times, Washington Post, Wall Street Journal and elsewhere have voiced their support for reform. When imposed upon children, life without parole is a violation of Article 37 of the UN Convention on the Rights of the Child, which expressly forbids life without parole sentences for children.
Campaign for the Fair Sentencing of Youth (EIN 27-3761788) is a registered 501(c)(3) nonprofit organization
