Signs of hope and justice two years after Miller v. Alabama

By Jody Kent Lavy
July 8, 2014

Early one morning a few weeks ago, the Campaign for the Fair Sentencing of Youth team boarded a bus to New York for a re-sentencing hearing for a young man who was sentenced as a child to mandatory life without parole.

Angel was sentenced after he was charged and convicted in federal court for his role in a gang-related homicide after he, at age 15, rode his bike around the block as the lookout outside the home of a man who became the victim in an execution-style killing. Two years after the Supreme Court’s landmark decision in Miller v. Alabama, which found that it is unconstitutional to impose automatic life-without-parole sentences on children, I find myself reflecting on the hearing as a poignant illustration of where we are in this movement to establish fair sentencing for children.

Read more

On juvenile lifer sentencing, will Massachusetts do the right thing?

By Jean Trounstine, Truthout 
July 7, 2014

There’s a crisis in juvenile justice in Massachusetts. The Senate is poised to pass its version of Bill H.4184, which aims to keep juveniles who are sentenced to first-degree murder locked up for 20 to 30 years – before they get a shot at parole. The bill, which passed the Democratic House on June 18 with a stunning 129-to-16 vote, would set back the state’s leadership on youth justice. Massachusetts is known for its excellent statewide juvenile courts, well-trained judges, a juvenile defense bar and one of the best Department of Youth Services in the country. But this bill is packed with ominous new measures that threaten the spirit of recent state and federal court rulings calling for meaningful opportunities for juveniles to transform.

Read more

Locking children up forever is not the answer

By Kim Odom
July 2, 2014

As pastors and parents of a child whose life was taken by gun violence, my husband and I have struggled with the pain of what that tragedy revealed. Our 13-year-old son, Steven, was shot and killed steps away from our home on October 4, 2007. We learned that two 17-year-olds (juveniles) and a 20 year-old (adult) were involved in the murder of our son.

It is unsurprising that after the Massachusetts SJC struck down the sentence of juvenile life without parole, there is a strong push from some legislators to pass a bill that creates a complicated “de facto” life in prison sentence, the result of which will mean that most youth convicted of murder will not have a reasonable opportunity for release for 40 years. The bill has passed the House and is under serious consideration in the Senate this week.

Read more

Edwin Desamour's rescue mission

By Solomon Jones
April 9, 2014

It seems so long ago now, the life of drug dealing, violence and retaliation that Edwin Desamour lived so recklessly.

That life was played out in the shadows of the West Kensington streets, where Desamour followed his father into the drug game. At just 16, it led Desamour to kill a man in a fight. He was convicted of third-degree murder, and did more than eight years in prison.

Desamour keeps a picture pinned to his office wall to remind himself of that past. In the photo, he is handcuffed. His head, covered with slick, straight hair, is slightly lowered; his face is clean-shaven, and his eyes are partially obscured. A police officer stands behind Desamour. Nothing, it seems, stands in front of him.

Read more

Incarcerated kids deserve a second chance

By Xavier McElrath-Bey
June 25, 2014

I went to prison for gang-related murder when I was 13.

My public defender was able to convince the judge to sentence me to 25 years, which was less than prosecutors sought but still nearly twice as long as I had been alive. I served 13 years. While in prison, I grew up, earned a college degree, and committed to working for change on behalf of the victim in my case. In short, I transformed.

This week, we mark the second anniversary of the U.S. Supreme Court ruling in Miller v. Alabama. Thanks to that case, it is now unconstitutional to impose a mandatory sentence of life without the possibility of parole on a child. The ruling guarantees that more children convicted of crimes will get a second chance in society, just as I did—but the potential for rehabilitation and change doesn’t end with release from prison. That’s why I am launching the Incarcerated Children’s Advocacy Network (ICAN), a network of formerly incarcerated youths that demonstrates the capacity for change that resides in every child.

Read more

Between hope and despair, waiting for meaningful implementation of Miller v. Alabama

By Marsha Levick, Jody Kent Lavy, and Ashley Nellis
June 24, 2014

Joe Ligon is a 75-year-old inmate who was condemned to die in a prison in Philadelphia over six decades ago for a murder he witnessed, but did not commit. With no disciplinary infractions and serious health issues, including cancer, he is a gentle man whose continued confinement aptly illustrates the insanity of these extreme sentencing practices.

Two years ago, we thought Joe and the thousands of others like him might have some hope. On June 25, 2012, the U.S. Supreme Court ruled in Miller v. Alabama that it is unconstitutional to impose a mandatory sentence of life without the possibility of parole upon a juvenile (JLWOP). The ruling immediately voided sentencing laws in 28 states, where approximately 2,100 individuals were serving a mandatory life without parole sentence for murder committed before they turned 18. Another 400+ youth are serving discretionary life sentences across the country. While the opinion did not impose a complete ban on life without parole for young offenders, Justice Kagan was blunt in her critique, writing that future imposition of JLWOP should be rare and uncommon. Justice Kagan further articulated a specific list of factors for consideration by any sentencer, including youthfulness, before condemning a child to die in prison.

Read more

Pope’s words give inmates hope, say advocates for fair sentencing

By Sarah Hinds, Catholic News Service
June 18, 2014

More than 2,000 people across the United States are currently serving life sentences without parole for crimes they committed as children.

“We are looked down on by society, an embarrassment to be swept under the rug and forgotten,” wrote one inmate.

Pope Francis recently sent a message of hope to a group of these prisoners.

In early May, the pope responded to hundreds of letters from inmates incarcerated for life as juveniles, assuring them of his prayers and that the Lord “knows and loves each one of them.”

Read more

Lorenzo Montoya, convicted of murder at age 15, released after legal challenge

By Phil Tenser, Marc Stewart
June 16, 2014

After 13 years, a man previously convicted of murder as a teenager had his charge changed and was released from prison Monday.

Lorenzo Montoya was originally convicted of the first-degree murder of teacher Emily Johnson in 2000, when he was 15-years-old. Lynn Kimbrough, spokeswoman for the Denver District Attorney’s Office, said Montoya returned to court for a motion that he had ineffective council at the time of his trial.

Montoya, now 29, is now represented by lawyers from the Center for Juvenile Justice, a non-profit organization. According to that group, their argument also presented new DNA evidence that showed Montoya did not commit the murder.

Read more

'Zero tolerance' policies need to be tamed

The New York Times Editorial Board
June 13, 2014

 

The “zero tolerance” disciplinary policies that swept through the country’s schools beginning in the 1990s have led to millions of children each year being suspended, expelled and even arrested, mainly for minor misbehavior that would once have been dealt with at the principal’s office. Federal civil rights officials warned this year that these tactics are often used in a discriminatory fashion against black and Latino children, who are at greater risk of being thrown out of school and denied an education.

 

The good news is that these policies are being rolled back. A new report by the Council of State Governments Justice Center, a nonprofit policy group, shows that states and school districts can cut down on suspensions and unwarranted arrests at school within relatively short periods without sacrificing safety or disrupting the school environment.

Read more

What a weekend in prison taught me

By David Grosso
June 13, 2014

I spent a recent weekend in prison.

As a guest of a program that looks to address the violent daily reality of prison, I had the opportunity — over 20 hours at the maximum-security Patuxent Institution at Jessup, Md. — to reflect on such important issues as human rights, prison culture and conflict resolution.

Some two-thirds of the more than 2 million Americans behind bars are nonviolent offenders, most convicted of drug charges. But in an overcrowded prison system, where many people are serving mandatory minimum sentences, nonviolent prisoners are turning into violent ones.

Read more