A bid to keep youths out of adult prisons

October 28, 2013
The New York Times

By JOHN SCHWARTZ

DENVER — James Stewart died alone.

The 17-year-old from Denver had committed a terrible act: while driving drunk, he slammed into another vehicle head on and killed its driver. Initially placed with other juvenile offenders, he was moved to the county lockup after the district attorney charged him as an adult. Left alone in his cell despite his frantic pleas to be with others, he tightened his bedsheets around his neck and killed himself.

His death, in 2008, was one of two suicides by young people in Colorado jails that helped spur a significant change in state law last year by narrowing the authority of prosecutors to charge juveniles as adults and to place them in adult jails, part of a wave of such laws nationwide.

In a reversal of the tough-on-crime legislation that swept the nation in the late 1980s and ’90s, nearly half of the states have now enacted one or more laws that nudge more young offenders into the juvenile justice system, divert them from being automatically tried as adults and keep them from being placed in adult jails and prisons.

Sarah Brown, a director of the criminal justice program at the National Conference of State Legislatures, said the shift stems from a decline in juvenile crime, concerns about the costs of adult prisons and a growing understanding of adolescent brain development showing that the young have a greater potential for rehabilitation.

The Supreme Court has increasingly taken neurological research into account on juvenile justice issues — most recently in a 2012 case, Miller v. Alabama, which barred mandatory life sentences without the possibility of parole for those who committed their crimes before they turned 18. Justice Elena Kagan’s majority opinion in the case cited adolescents’ “diminished culpability and heightened capacity for change.”

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Kids can change!

President Jimmy Carter, in a 2012  letter to California Gov. Jerry Brown, spoke of the need for second chances for children convicted of serious crimes.

Lawsuit claims children suffer sexual, emotional abuse in Michigan prisons

By Paul Egan
Detroit Free Press

LANSING — An attorney who won a $100-million settlement stemming from sexual assaults by guards on female inmates is suing the Michigan Department of Corrections again — this time, claiming that male inmates younger than 18 have been sexually and physically assaulted by adults they have been housed with.

Ann Arbor attorney Deborah LaBelle, who won a 2009 settlement on behalf of more than 500 female Michigan prisoners who said they were sexually abused by corrections officers, filed the latest lawsuit in U.S. District Court in Detroit on Tuesday.

Plaintiffs are seven unnamed John Doe prisoners who say they were sexually and physically assaulted or harassed while housed as minors in the Michigan prison system.

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Children, even teenagers, do not belong in adult jails

By The New York Times

October 15

WHAT DO you do with children suspected or convicted of committing very adult crimes? The answer isn’t easy, particularly when violence is involved. One thing that’s clear, though: Standing policy should not be to warehouse youth in adult jails and prisons, unless there are no other reasonable options. Encouragingly, a new report from the Campaign for Youth Justice finds that, over the past eight years, nearly half the states have changed various laws to discourage shunting minors through the adult criminal justice system when it isn’t necessary.Research has shown that locking up minors anywhere is rarely a great way to prevent repeat offenses. But when they have to be incarcerated, they need safety, structure and education.

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Fast Fact: Recognizing children as different

In the past eight years, eight states have changed their mandatory minimum sentencing laws to take into account the developmental differences between youth and adults and allow for post-sentence review for youth facing juvenile life without parole or other sentencing reform for youth sentenced as adults, according to a new report from the Campaign for Youth Justice.

US appeals court keeps alive resentencing hopes of 3 men doing life since they were juveniles

The Associated Press
October 3, 2013

HARRISBURG, Pa. — Three men who have been serving life sentences since they were juveniles won a fresh chance to convince judges they deserve to be resentenced under a decision Thursday by the federal appeals court based in Philadelphia.

The 3rd U.S. Circuit Court of Appeals said there was at least some reason to think last year’s U.S. Supreme Court decision in the case of Miller v. Alabama, throwing out mandatory life without parole sentences for juveniles, should be applied retroactively.

The court stressed its decision is tentative and made under a standard that means there is enough possible merit to warrant a full exploration of the matter. The defendants must still convince the district judges they should be resentenced.

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Editorial: Failure to Act

The Gainesville Sun
October 2, 2013

Cases like those heard last month before the Florida Supreme Court show the need for some type of review of long juvenile sentences. One involves Shimeek Gridine, who was convicted in 2009 of shooting a 12-year-old boy in Duval County. Gridine, who was 14 at the time of the crime, was sentenced to 70 years in prison for attempted murder and robbery.

Under current state law, he would have to serve at least 25 years plus 85 percent of the remaining years. That means Gridine will likely die in prison for a crime, however terrible, that he committed when he was barely a teenager.

The Supreme Court’s decision was based in part on the idea that juveniles, by their very nature, fail to appreciate risk and consequences. Someone who committed a heinous crime as a juvenile could be a different person more than two decades later.

Whether they call it parole or something else, lawmakers should establish a review system for long juvenile sentences. Otherwise, the courts will just have to do their jobs for them.

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Writing Off Lives

By THE EDITORIAL BOARD
The New York Times
Published: September 29, 2013

The prison population in the United States has declined modestly in recent years after three decades of growth. This is partly the result of saner sentencing policies for nonviolent drug offenders, who are more likely to be given probation and drug treatment than in the past.

At the same time, however, the number of people in prison for life has more than quadrupled since 1984 and continues to grow at a startling pace. The zealous pursuit of these sentences began in the 1970s, becoming something of a fad; it is past time to revisit the practice.

A new study from the Sentencing Project, a research group, found that one in nine inmates, about 160,000 people, is serving a life sentence.

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Justice Department pushes new thinking on kids and crime

By Carrie Johnson
September 26, 2003

For a man who spent the bulk of his career as a public defender, Robert Listenbee’s new role walking around the halls of the U.S. Justice Department may not be the most comfortable fit.

But Listenbee, who became earlier this year, says his transition has been smooth. And besides, he says, he couldn’t resist the “extraordinary opportunity.”

Before he joined the federal government, Listenbee co-chaired the National Task Force on Children Exposed to Violence. Now he’s the man in charge of making its recommendations come to life. — packed with recommendations about the need for more research and attention on boys, rural areas and the education system — attracted scant attention because it emerged on the same day as the shooting rampage in Newtown, Conn., where Adam Lanza killed 20 children and six adult staff members at the Sandy Hook school.

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New York Times: End mandatory life sentences

Young people are different. The Supreme Court has delivered that message repeatedly over the last decade in limiting or flatly prohibiting the most severe criminal punishments for those under 18 at the time of their crime.

In 2005, the court banned the death penalty for juveniles. In 2010, it outlawed sentences of life without parole for juveniles convicted of crimes other than homicide. And, in a 2012 case, Miller v. Alabama, it said juveniles may never receive a mandatory sentence of life without parole, which prisoners refer to as “the other death penalty.”

Each ruling, relying on the Eighth Amendment’s ban on cruel and unusual punishment, has found that young people are “constitutionally different” from adults, and, therefore, must be punished differently.

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