Rebecca Weiker On the Need to Pass Crucial Juvenile Justice Reform in California

By Rebecca Weiker

A few months ago, I spent the day meeting with a group of family members who have had their lives changed forever by acts of violence. Nobody there would have chosen to be a member of this group — all of us had either lost a loved one to murder, or had lost a loved one in an entirely different way.  Many brothers, sisters, sons and daughters were sentenced to die in prison for a crime committed in their youth.

My sister Wendy was a therapist who was passionate about supporting young people with mental health problems.  Almost 20 years ago she was murdered by one of her patients.  All these years later, I only now am at a place where I can consider this crime from a position of empathy.  I understand that I can choose what meaning to make of this experience.

I will never “get over” her death nor do I expect to shed the feeling of loss and deep sadness that comes from not having her in the world. She was truly a bright light in the world. She was my big sister and I looked up to her. I admired her commitment to justice, her warmth, her seemingly endless energy.

Click here to the full article on the Juvenile Justice Information Exchange website.

Youth can change, grow & SB9 is modest reform

Letters by Miriam Aroni Krinsky & Heidi Rummel, Sacramento Bee 

Youth can change, grow

Re “Bill that would allow resentencing in heinous juvenile crimes is flawed” (Viewpoints, Aug. 21): Margaret Bengs’ viewpoint dismisses the special capacity of youths to change and grow. As a former federal prosecutor, I understand well the impact of violence on our communities. Serious crimes demand serious punishment, but at the same time, our justice system should encourage and reward meaningful rehabilitation. Senate Bill 9 is a sensible bill that does just that.

SB 9 is modest reform

Margaret Bengs misleadingly portrays a carefully crafted, modest reform. As someone who served as a prosecutor for 15 years, I am convinced that Senate Bill 9 is balanced and fair and that the California Assembly should pass it.

SB 9 will create a mechanism enabling youths sentenced to life without parole to prove their remorse and rehabilitation later in life and petition for a new sentence of no less than 25 years. It holds youths accountable for the harm they have caused while reflecting the undisputed body of science proving that children have a greater capacity to grow and change.

Read more on The Sacramento Bee website.


Young people can change & Victim Support Redemption

Letters to the Editor by Oya Llansa Sherrills & Rebecca Weiker, Sacramento Bee

Young people can change

Re “Bill that would allow resentencing in heinous juvenile crimes is flawed” (Viewpoints, Aug. 20): Margaret Bengs’ column made me wonder – how long will we accept California’s willingness to leave children to die in prison? My brother was senselessly murdered at 18 by another youth. Nothing will fill the void.

However, my brother’s murder should not be used to justify the perpetual imprisonment of youths – especially not the disproportionate number of black and brown youths sentenced to life without parole in California.

Victims support redemption

I attended the same hearing as did columnist Margaret Bengs about Senate Bill 9 last Wednesday.

I came away deeply saddened and frustrated. My older sister was murdered 19 years ago and while I will never “get over” her senseless death, I have chosen to work for healing in the world as a response to that experience. Voices of victims are vital in our communal conversation about violence.

Read more of Oya Llansa Sherrills and Rebecca Weiker opinion piece on The Sacramento Bee website.

For juvenile lifers, a chance

Editorial:

California lawmakers have repeatedly missed opportunities to bring some fairness, rationality and humanity to juvenile sentencing. They get another chance this week, and they should take it. The Assembly should pass SB 9, a bill to give offenders sentenced as minors to life without parole a chance to request a parole hearing.

Assembly Democrats who have voted against earlier versions of this bill for fear of being labeled soft on crime should look at the facts. SB 9 would not automatically open prison doors for violent criminals. It would not eliminate life-without-parole sentences for any offender, adult or juvenile. It would merely give inmates serving life terms for crimes they committed before they turned 18 a limited opportunity to seek a 25-years-to-life sentence — and for the first time, a slim chance of parole before they die.

California currently has 295 people serving non-parolable sentences for crimes they committed in their youth. Most were involved in homicides, but about 45% of them never pulled the trigger; they were convicted because they acted as lookouts or were involved in a concurrent crime when the homicide took place, usually at the hands of an adult accomplice. Underscoring the barbarity of the no-parole sentences is the fact that the actual killer often serves a shorter sentence or at least is eligible for parole.

Read more on the Los Angeles Times website

Second Chance at Life

By Michelle Newell

We are all better than the worst things we have done—and this is especially true of children. A bill that will be reconsidered in the California Assembly this week would create the hope, not a guarantee, of a second chance for youth who are sentenced to life without parole.

When he was just 16-years-old – too young for prom, two years shy of voting age, and just barely old enough to drive – Jay, under the influence of five adults, was involved in a fatal gang shooting. He was sentenced to life without parole and has been in prison for almost 18 years. In prison, Jay felt pressured to stay involved in gangs, and had every reason to be hopeless about the future; however, in his mid-twenties he rejected that life determined to “avoid bad influences” and to become a better person.

Jay states, “I have spent long periods of time reflecting on my past actions and on myself. Each moment of my life in here I am thankful to be alive.” Speaking of the pain caused to others by his actions, he says, “I can’t imagine losing someone like that… like a son. It’s like you have lost your own life in a way.”

Jay believes he has changed immensely, insisting that “the person I was before, I know I am not him anymore.” Realizing that “education is the most important thing,” he has earned his GED, and now spends much of his time in prison reading and meditating. Jay has stayed on this course of self-improvement without the slightest hope that he will be given a second chance. He knows he will die in prison for a crime he committed as a teenager because state law does not currently permit him or anyone like him to ever rejoin society regardless of the course his life takes.

California Assembly members have a second chance to change this by voting yes on SB 9 – the Fair Sentencing for Youth Act that fell one vote shy of passing two weeks ago – and give young offenders like Jay hope of a second chance in life with the possibility of parole.

Read more on the Children’s Defense Fund Site

Statement by Jody Kent Lavy on the transfer of Jordan Brown to Juvenile Court

FOR IMMEDIATE RELEASE
August 23, 2011

Contact:  Allison Conyers
202-289-4671 office
757-870-8749 cell

“Judge Dominick Motto made the right decision today when he transferred Jordan Brown back to Juvenile Court.  Jordan was just 11 years old when the murder that he is accused of was committed, and if he was convicted of the crime in adult court he would have received a mandatory sentence of life without parole.

Unfortunately there have been more than 2,500 young people sentenced to life in prison without the possibility of parole. This is a sentence to die in prison, and the United States alone imposes this irrevocable sentence on youth. Pennsylvania leads the nation in this practice, with more than 450 people serving life without parole for crimes committed when they were under the age of 18.  We applaud Judge Dominick Motto for recognizing the unique characteristics of youth in Jordan, and transferring his case back to the Juvenile Justice system, which is appropriately focused on rehabilitation and reintegration into society.”

Jody Kent Lavy is the Director and National Coordinator of the Campaign for the Fair Sentencing of Youth, a national coalition working to end the practice of sentencing youth to life without parole.

Federal judge allows suit challenging MI life without parole sentences

A federal judge today allowed an American Civil Liberties Union lawsuit challenging Michigan’s juvenile life without parole sentences to proceed. Today’s ruling allows the ACLU and the ACLU of Michigan to prove that Michigan’s sentencing scheme, which denies children a meaningful opportunity for parole, constitutes cruel and unusual punishment and violates their constitutional rights.

In his 13-page decision, U.S. District Court Judge John Corbett O’Meara allowed one of the plaintiffs, Keith Maxey, to continue with the case. Citing the three-year statute of limitations, he ruled that the other 12 clients waited too long to challenge their sentences. Maxey was 16 in 2007 when he was sentenced to life without the possibility of parole for his part in a robbery. Michigan law requires that children as young as 14 who are charged with certain felonies be tried as adults and, if convicted of a homicide offense, sentenced without judicial discretion to life without parole.

Learn more at the ACLU

Committee Approves Bill To End Life Sentences For Youth

By Adam Keigwin

“On a 5-2 vote, the Assembly Public Safety Committee approved legislation authored by Senator Leland Yee (D-San Francisco) that would bring California in line with the rest of the world by ending life without parole (LWOP) sentences for kids.”

Read more at Official Wire

In Louisiana, rights advocates push to reform the state's harsh sentencing laws

“In Louisiana, advocates are pushing to reform the state’s sentencing laws, especially those that allow juveniles to be put in prison for life.  Criminal justice advocates, family members of prisoners, and religious leaders say the state’s burgeoning prison population — one of the highest in the world — is due to these harsh sentencing laws.”

Listen at Free Speech Radio News (17:10)

Miranda and Juveniles

By David Fassler

“Once again, the Supreme Court has recognized what all parents know: children are not simply little adults. As a result, they should be treated differently when interrogated by the police. The decision underscores the court’s acknowledgment that age matters. Young people differ from adults in how they think, reason and behave. They are more likely to be influenced by peers and less likely to fully understand their circumstances or the consequences of their actions.”

Read more at The New York Times