News

Somalia 'to ratify UN Child Pact'

http://news.bbc.co.uk/2/hi/americas/8370357.stm

Somalia has vowed to ratify the UN Convention on the Rights of the Child – a move that would leave the US as the only nation not to back the accord.

The UN, which is celebrating 20 years since the agreement was put into force, welcomed Somalia’s announcement.

But analysts say the Somali government has little authority and its rulings are largely unenforceable.

The US helped draft the agreement, but conservative politicians have argued its measures impinge on sovereignty.

‘Remarkable’ impact

The BBC’s East Africa correspondent Peter Greste says it is hard to think of a place where children are more at risk than Somalia.

The country is in its 18th year of a crippling civil conflict in which youngsters are routinely forced to fight, and child mortality is among the highest in the world.

So our correspondent says the decision to ratify the agreement will be seen as an important symbolic step.

Unicef, the UN’s children’s agency, welcomed the announcement and reminded the Somali government that ratifying the convention was a commitment to protect children’s rights.

Ceremonies are taking place around the world to mark the 20th anniversary of the agreement.

The UN says the convention has has had a “remarkable” impact on children’s lives, but warns that one billion youngsters still go without food, shelter or healthcare.

The convention guarantees children the right to life, education, and the right to play and to be protected from abuse.

It has the widest international support of any human rights treaty – ratified by 193 countries.

The US and Somalia have both signed the agreement – but neither country has ratified it.

Somalia’s transitional government, which is backed by the UN and African Union, is engaged in a fierce power struggle with several Islamist militant groups.

In effect, the government controls only parts of the capital, Mogadishu.

The rest of the country is controlled by Islamist militants and warlords.

Juvenile Justice and Race: An Uphill Climb to the Bottom

Blog by James Bell

I continue to be amazed at how many people continue to behave as though race and involvement with the criminal justice system are synonymous. Has it become an accepted fact of life in the United States that the machinery of justice applies almost solely to people of color? I shuddered to realize this once again while reading editorials about the Supreme Court’s deliberations regarding juveniles receiving life imprisonment without the possibility of parole in the U.S., the only country that engages in this barbaric practice.

While I was heartened by the arguments proffered regarding brain development and laws that restrict children from voting, serving on juries, buying alcohol and cigarettes — something was missing. In most of the editorials in mainstream media, it was rare to find any analysis of race and how justice systems operate in neighborhoods made up mostly of people of color in poverty. In the alternative press, an AlterNet article mentioned an important fact: Black prisoners account for 84 percent of those in prison for life without the possibility of parole in Florida, the state with the most people expected to perish this way in prison. Nationally, black youths are serving life without parole at a rate of about 10 times that of white youths, according to Human Rights Watch. Amy Bach’s recent book, “Ordinary Injustice: How America Holds Court,” further recounts such justice by geography and race.

As someone who works every day to prevent youth of color from being undeservedly trapped by the labyrinth that is today’s justice system, perplexed is an understatement to describe my feelings as reporters and commentators continue to accept the disproportionate impact of justice on communities of color. We must combat the normalization of this phenomenon. Why isn’t it a story that most black and brown youth are detained for low-level administrative violations rather than crimes that endanger public safety? Why isn’t there more media attention around the fact that youth of color are securely confined in numbers that cannot be accounted for by crime alone? Why is there not more scrutiny regarding biased decision-making that when examined with data shows that for the same offenses for which white youth are released, youth of color are detained?

These are tough questions to answer when one realizes that at the heart of such issues is yet another a conversation about race. The case of a 5-year-old black girl in Florida comes to mind, who in 2005 was handcuffed and arrested by three police officers after throwing a tantrum in class. The public response to the shocking tape of her arrest ranged from blame directed toward the police and the school principal – to blame directed at the child and her family. Many comments below the YouTube video of her arrest featured racist attacks. But other than legal action pursued by her family, public outcry was tempered.

When another little black girl, 6-year-old Desre’e Watson was arrested in her kindergarten class in Florida two years later for a similar classroom tantrum, she was booked in the Highland County jail and charged with a felony and two misdemeanors. On the other hand, when Zachary Christie, a white 6-year-old, was suspended from first grade and faced 45 days in an alternative school for troublemakers for taking a combination knife/fork/spoon to school, the widespread public outrage that followed led the school board to change the penalty for all young students to a three to five day suspension.

Zachary’s punishment called into question harsh school “zero-tolerance” policies, and led to a change of policy in the local system. The cases of the two little black girls who became involved in the criminal justice system for throwing tantrums in kindergarten did not impact policy or practice.

In order to deconstruct who is detained and why in a local juvenile justice system, those who make such decisions — including schools, the police, juvenile court judges, and prosecutors — must have the courage to examine how their juvenile justice apparatus operates, and what impacts their decisions. Are their reactions to youth of color driven by fear, politics, anecdote and beliefs — or by data and informed analysis? We have found in our work that examining how decision-making points impact youth of color is an unnatural task for a local juvenile justice system to undertake. It is a shock to the institution. For that reason, there is an overall lack of accountability.

On any given day, more than 90,000 youth are in custody of the juvenile justice system. A majority of them are youth of color who are held for nonviolent offenses. For this, our society pays a high moral and financial price. A recently issued Justice Policy Institute report found that states spend approximately $5.7 billion each year imprisoning youth, although it has been shown that nonviolent youth can be supervised safely in the community with alternatives that cost substantially less than incarceration and that could lower recidivism by up to 22 percent. Studies show that incarcerated youth are less likely than those in alternative programs to graduate from high school, are more likely to be unemployed as adults, and are more likely to be arrested and imprisoned as adults.

Tragic cases that receive widespread attention, such as the beating death of 16-year-old Derrion Albert in Chicago, are horrific, but also rare. While some youth involved in serious or violent crime should be detained for public safety, the more than two-thirds of detained youth are charged with property offenses, public order offenses, or status offenses (i.e. running away or breaking curfew). Why is this so? Simply put, as a society we do not demand nor expect excellence, fairness, rationality or accountability from our child-serving justice systems. This should no longer be acceptable. There is too much at stake for our democratic principles and our ability to compete in a global knowledge-based world.

I am no economist or futurist, but I know that as a country we are not well-served when we have so many uneducated youth of color lost in a juvenile justice apparatus that dictates when they should eat, shower and exercise — then released to the world without much hope for turning their lives around through higher education or work. We can do better. But in order to do so we must demand accountability from juvenile justice systems early and often.

Today, let us begin by eliminating life in prison without the possibility of parole for children who have not taken a life.

Juvenile act: Age should be a factor in setting life sentences

Editorial

Do juveniles sentenced to life without possibility of parole have a constitutional right to hope? That’s the question before the U.S. Supreme Court in two Florida cases.

In arguments last week, lawyers for two young men serving life sentences for non-lethal crimes they committed as teenagers challenged the justices to take the Eighth Amendment’s prohibition against cruel and unusual punishment seriously. Counsel argued that there is a demonstrable lack of proportionality in sentencing minors who haven’t killed to die in prison decades after their crimes were committed.

The cases involve Joe Sullivan, 34, who raped a 72-year-old woman when he was 13, and Terrance Graham, 22, who orchestrated a home invasion while on parole for armed burglary when he was 17. Such crimes deserve years of punishment, reflection and repentance. But does society require that a minor, whose judgment was still in a formative stage when he did the crime, be forced to give up all hope of freedom even decades later?

The Supreme Court has drawn hard lines recently in rulings on related cases. In 2005, it declared in Roper vs. Simmons that states could not execute offenders under 18. Last year in Kennedy vs. Louisiana the court forbade states from putting to death inmates of any age who were convicted of crimes against individuals other than murder.

Both were sensible and just calls by the court. Now the question is whether the principles behind those decisions should be applied to the Florida juveniles’ crimes.

Age should be a relevant factor for sentencing in non-lethal crimes. Juveniles, even those who appear incorrigible, shouldn’t be treated like programmed evil-doers who are incapable of changing. They certainly deserve to be punished for their crimes, but after years, and perhaps decades, in prison they and their rehabilitation should be eligible for review.

Society has an interest in being protected from juvenile predators, but it also has an interest in redemption. Most criminals, while serving a necessary and appropriate sentence, deserve the opportunity to reform.

We would put juveniles convicted of non-lethal crimes in this category. The Eighth Amendment practically demands it.

The limits of juvenile sentencing

http://www.philly.com/inquirer/opinion/20091116_The_limits_of_juvenile_sentencing.html

By Marsha Levick and David Fassler

Even in the face of the recent scandal involving the Luzerne County juvenile court, Pennsylvania can be proud of its leadership in protecting children in the justice system. Since 1995, the state has emphasized balanced, restorative justice as a core principle in the disposition of juvenile offenders.

Pennsylvania is among a minority of states that allow every juvenile transferred to adult court the opportunity to have the case returned to juvenile court for trial. Because of its progressive record, it was the first state the MacArthur Foundation chose to participate in its juvenile justice reform initiative.

But Pennsylvanians might be surprised to learn that we also hold a more dubious distinction with regard to youthful offenders: We have more children sentenced to life in prison without the possibility of parole than any other state in the country.

Young offenders must be held accountable, but affording them the chance to have their sentences reviewed later in life is hardly inconsistent with this goal. Adolescents who have served significant time behind bars should have the opportunity to demonstrate that they have been rehabilitated and deserve release. Juvenile life sentences ignore the likelihood that the offenders will be very different people after they serve extended sentences.

They also fail to recognize that children cannot be held accountable for their actions to the same degree as adults. Research shows that adolescents are less able to resist peer pressure, remove themselves from dangerous surroundings, or make decisions and weigh consequences in a mature way.

Successful passage into adulthood is more difficult for adolescents who live in poverty, lack positive role models, or are exposed to violence. The malleability of adolescents also makes it more likely that they will reform with age.

The issue of juvenile life sentences in cases where no life was taken is now before the U.S. Supreme Court in Sullivan v. Florida and Graham v. Florida. The question presented in these cases, which were argued last week, is whether the Eighth Amendment’s ban on cruel and unusual punishment prohibits the imprisonment of a juvenile offender for life without the possibility of parole.

In 2005, in Roper v. Simmons, the court held that it is unconstitutional to impose the death penalty on offenders under the age of 18. In his majority opinion, Justice Anthony Kennedy explained that adolescents are less blameworthy than adults because of their relative immaturity, susceptibility to outside influences, impulsiveness, and greater chance for rehabilitation. For this reason, the court recognized that “juveniles have a greater claim than adults to be forgiven for failing to escape negative influences in their whole environment.”

Since Roper, experts have done additional research confirming the court’s reasoning. They have shown that, as a group, adolescents don’t have adults’ ability to resist pressure, restrain impulses, and make mature decisions. Adolescents are more prone to risky behavior, and they’re also more likely to grow out of it.

This developmental immaturity does not excuse criminal conduct. But it does diminish teenagers’ culpability and undermine the justifications for sentencing them to die in prison.

Every state has laws that acknowledge the special status of children. Youths under 18 are prohibited from voting, serving on juries, entering into contracts, or marrying without parental consent. Pennsylvania sets minimum ages for a range of activities that require mature judgment, including driving, purchasing alcohol or tobacco, and consenting to sexual activity. Criminal sentencing should not be the only area in which society fails to recognize the effects of youth on judgment, decision-making, and responsibility.

In Roper, the Supreme Court endorsed research showing that kids differ from adults in salient ways, and that we can’t know at the time of sentencing any particular adolescent’s capacity to rehabilitate. The court now has an opportunity to apply that understanding to sentences of life without parole, by ruling that all juveniles must have their sentences reviewed in the future, when we can make more informed decisions about keeping them in prison. Given all we know about adolescent development, the court should do away with this cruel and unusual punishment.

San Jose Halloween attack renews debate on locking up juveniles for life

http://www.mercurynews.com/ci_13797368?source=most_viewed

By Howard Mintz

They are not old enough to vote, have full driving privileges, join the military or buy a beer. Yet, three reputed teen gang members charged in San Jose’s Halloween night attack on a pair of young trick-or-treaters face the very real prospect of spending the rest of their lives in prison.

Locked up in the Santa Clara County Jail, these 15- and 16-year-old boys now find themselves a portrait of the ongoing debate over imprisoning violent juvenile offenders for life. That is the potential sentence if these high-school-age defendants are convicted of the most serious charges against them, including the attempted murders of the 12- and 13-year-old victims.

The San Jose case, which has sparked a community outcry, is hitting the local courts at a time when there is renewed public and legal scrutiny nationally on the tension between dealing with rampant youth violence with harsh sentences and the age-old presumption that juvenile offenders should have a shot at reform.

The same debate may arise in the fatal stabbing case of a 15-year-old Santa Teresa High School student. Two juveniles — ages 15 and 16 — were arrested late last week in that attack, and prosecutors have yet to say whether they will be tried as adults.

Last week, the U.S. Supreme Court heard arguments in a closely watched case that will decide whether it is constitutional to sentence juveniles to life without the possibility of parole for crimes short of murder.

The high court is reviewing the cases of two Florida juveniles, one 13 and the other 17 at the time of their crimes, who have received life without parole. One is a repeat offender sent away for an armed robbery; the other was convicted of burglary and sexual assault of an elderly woman.

Experts say the Supreme Court’s ruling could have ramifications for the broader question of sentencing juveniles to life in prison for any crimes.

Kent Scheidegger, executive director of the law-and-order Criminal Justice Legal Foundation, notes that the legal attack on life-without-parole sentences gained momentum after the Supreme Court struck down the death penalty for juveniles four years ago.

“The ink was barely dry on the opinion and there was an effort to apply the same rules to life without the possibility of parole,” he said.

In the Halloween attacks, 15-year-old Hugo Torres, and two 16-year-olds, Erik Diaz and Diego Gutierrez, all face potential life prison terms if convicted, which often equates to life without parole in California’s strict parole system. All three are being tried as adults for the attempted murder of the two young trick-or-treaters, one of whom is still clinging to life in a hospital with gunshot wounds. A fourth defendant — Eduardo Cristobal of Milpitas, who is 18 and therefore considered an adult — is also charged in the attacks.

Under California law, a judge can impose a life-without-parole sentence for a juvenile who is at least 16, although younger defendants can get life with parole. A stark example is James Ortega, a 14-year-old sentenced two years ago to 36 years to life for the gang-related murders of two 17-year-olds at a San Jose Jack in the Box. He would be well into middle age before having even a remote chance at release.

California is one of only a few states that permit sentences of life without parole for juveniles convicted of non-homicides, but there are now only four such inmates in the state’s prisons, according to state Department of Corrections figures. Overall, there are 263 inmates who were juveniles at the time of their crimes now serving life-without-parole sentences in California, four of them from Santa Clara County. Far more are serving potential life-with-parole sentences.

Critics of throwing away the key for juvenile offenders say it is cruel and unusual to sentence a young teenager to life, imposing an adult punishment on a youth without a fully formed brain or sense of morality. Most juvenile offenders convicted in the juvenile courts are released from prison in early adulthood, even for serious crimes.

But the stakes are much higher for juveniles put into the adult justice system. Paul Bocanegra, 17 at the time of his participation in a drive-by gang shooting in San Jose in 1992, is now serving life without parole — a sentence that still haunts his defense lawyer, current county Public Defender Mary Greenwood.

Bocanegra was not the shooter, but was in a car when a co-defendant shot and killed an 18-year-old man in an ambush.

“I’ve been a defense lawyer for nearly 30 years, and it’s the one time I’ve cried in court,” Greenwood said. “He was 17, and he was gone. There are options that are really serious that are short of that.”

But there has been public support for getting tougher on juvenile crime, particularly in response to gang violence — which spurred voters to approve Proposition 21 in 2000, making it easier for prosecutors to try juveniles as adults and expose them to life prison terms.

Through a spokeswoman, District Attorney Dolores Carr declined to comment on the potential sentences for the Halloween attackers. But Deputy District Attorney Daniel Carr, who prosecuted the Bocanegra case, calls the arguments against life terms for violent gang members “hollow.”

“These kids are well aware of what the consequences are, and yet they choose to do it anyway,” Daniel Carr said. “It’s because the crime is so bad, they don’t deserve another chance.”

Despite high-profile examples of gang violence that shock communities, the debate still rages over whether gang members scarcely old enough to shave deserve a chance to prove they can be redeemed as adults.

“Nobody is arguing against long sentences” in some of these cases,” said Barry Krisberg, president of the National Council on Crime and Delinquency. “But at a very young age, simply giving up, it makes no sense. What social purpose other than revenge does it satisfy?”

America's Prison Spree Has Brutal Impact

by Stuart Taylor Jr.

 

The November 9 Supreme Court arguments on whether it is cruel and unusual to impose life in prison without parole on violent juveniles who have not killed anybody understandably got prominent media coverage.

But a far more important imprisonment story gets less attention because it’s a running sore that rarely generates dramatic “news.” That is our criminal-justice system’s incarceration of a staggering 2.3 million people, about half of them for nonviolent crimes, including most of the 500,000 locked up for drug offenses.

Forty percent of these prisoners are black, 20 percent are Hispanic, and most are poor and uneducated. This has had a devastating impact on poor black families and neighborhoods, where it has become the norm for young men — many of them fathers — to spend time in prison and emerge bitter, unemployable, and unmarriageable. (These numbers come from studies cited by Marc Mauer, executive director of the Sentencing Project, a reform group.)

America imprisons seven times as many people as it did in 1972, several times as many per capita as other Western nations, and many more than any other nation in the world.

Yes, violent criminals should be locked up for long enough to protect the rest of us. But the mass, long-term imprisonment of nonviolent, nondangerous offenders in recent decades and excessive terms for others has made us no safer while ruining countless lives and converting potentially productive citizens into career criminals.

The 13-year-old rapist and the 17-year-old serial robber-burglar who are serving life without parole in two Florida cases inspired impassioned comments from justices with opposing views. But the outcome may not have much impact on these two prisoners or anyone else. Even if the Court strikes down their sentences, the state will be free to resentence them to serve, say, 40 years before being eligible for parole, and thereafter to deny successive parole applications until they die. And even if the Court upholds life without parole, the state will be free in the future to relent and release them.

Meanwhile, the damage done by America’s prison binge over the past 30 to 40 years dwarfs the importance of all of the Court’s pending criminal cases.

To be sure, budget problems in recent years have forced some states to hold down their prison populations by relaxing drug sentences. And California is under federal court order to release 40,000 people from its badly overcrowded prisons. Perhaps the budgetary pressure will open more minds to the impressive body of research suggesting that imposing severe prison terms on more and more people is not the best way to fight crime.

Another glimmer of hope is that a bipartisan group of senators, with Obama administration support, is working to ratchet down the overpunishment of mostly nonviolent crack cocaine offenders, 80 percent of whom are black. Tens of thousands are now locked up under grotesquely excessive federal mandatory minimum sentences of five years (for simple possession of 5 grams of crack), 10 years (50 grams with intent to distribute), and more.

But the crack penalties are just the tip of an overpunishment iceberg. And although it’s not growing as fast as before, it’s not shrinking either. “What we’re seeing so far is just a slowing of growth — a tinkering around the edges,” Mauer says.

At a cost of $60 billion a year, our prisons and jails do very little to counsel, educate, train, or otherwise prepare prisoners to get jobs and go straight after they’re released. They are barred from public housing, treated as outcasts by many employers, and often surrounded by other ex-cons in their neighborhoods. This makes for very high recidivism, with about two-thirds of those released being rearrested within three years.

The impact on black communities is especially dramatic.

* Blacks are imprisoned at a rate eight times as high as whites.

* Nearly 60 percent of black male high school dropouts, and nearly 30 percent of all black men (if current trends continue), will spend time behind bars — far more than in the worst days of segregation. The result: “In America’s inner cities, incarceration has become the more-likely-than-not norm, not the unthinkable exception,” Georgetown University Law School’s David Cole recently wrote in The New York Review of Books.

* The number of drug prisoners increased elevenfold from 1980 to 1997, and the number of black drug prisoners more than quadrupled from 1985 to 1991, according to Cole. Not many of them fit the “drug kingpin” label used by politicians to justify long prison terms.

I don’t attribute these glaring racial disparities to racist animus. Blacks do commit highly disproportionate percentages of violent as well as nonviolent crimes. And some rich white men also get savagely severe prison terms, such as the 25 and 24 years — more than most murderers — imposed on former WorldCom CEO Bernard Ebbers and former Enron executive Jeffrey Skilling, whose appeal is now before the Supreme Court, respectively.

But it’s fair to say that our criminal-justice system is helping to create “a racially defined pariah class in the middle of our great cities,” as Brown professor Glenn Loury says in his 2008 book, Race, Incarceration, and American Values.

The prison binge started out as a reaction to crime rates that began soaring in the 1960s, and the federal mandatory minimums were largely a response to the inner-city crack wars of the 1980s. But imprisonment rose more than crime, owing to adoption of draconian mandatory minimum sentences by state legislatures and Congress; restrictions on (and sometimes abolition of) parole; and other “tough on crime” policies.

The nascent countertrend noted above reflects not only budget pressures but also the efforts of reformers such as Sen. Jim Webb, D-Va.; Mauer; Julie Stewart, founder of Families Against Mandatory Minimums; and their counterparts at the state level. Although it has not yet reduced the prison population, there’s room for hope that it might.

More than 20 states eased some criminal sentences between 2004 and 2006, including New York’s relaxation of its especially harsh Rockefeller drug law. Others have made it easier for well-behaved prisoners to win early release and diverted drug offenders from prisons to treatment programs. At least 19 states have also relaxed their felon disenfranchisement laws — one of the many indignities imposed on ex-prisoners who have served their time — since 1997.

At the federal level, there is an overwhelming policy case for abolishing all of the numerous mandatory minimum sentences that Congress adopted for drug offenses in 1986 and 1988, and relying instead on the common sense of the judges who know the facts of each case and the defendant’s history. Yes, some judges would be too lenient. But federal prosecutors can appeal lenient sentences.

So far, however, most of the Democrats who control Congress seem too worried about opening themselves up to unwarranted Republican attacks for being “soft on crime” to do away with mandatory minimums.

How much could we reduce the prison population without turning a horde of violent predators loose on the rest of us? By a lot.

Experts disagree about how much of the steep plunge in crime rates from about 1994 to 2004 is attributable to locking up so many criminals and how much it owes to demographics. But most of the estimated 1.2 million prisoners locked up for nonviolent offenses are not especially dangerous. Scholars including Mark Kleiman, a professor of public policy at the University of California (Los Angeles), contend that for violent as well as nonviolent offenders, long prison terms — which most potential criminals don’t expect to incur — do less to deter crime than would swifter and surer imposition of less onerous penalties. Even probation, Kleiman writes, can be a real deterrent if accompanied by tough conditions and oversight.

In his recent book, When Brute Force Fails: How to Have Less Crime and Less Punishment, Kleiman argues that the correct reforms would lead to “half as much crime and half as many people behind bars 10 years from now.”

“Half as much crime” sounds pretty optimistic, in part because getting our criminal-justice system to do anything swiftly and surely would be a tall order. But reducing the number of people behind bars by several hundred thousand, or even 1 million, seems a reasonable goal.

After all, an incarcerated population of 1.3 million (down from 2.3 million) would still be four times as many — and well over twice as many per capita — as in 1972, when we had 326,000 prisoners.

But budgetary pressures and reformers can move us only so far toward more-sensible sentencing policies unless and until politicians become more enlightened about how best to fight crime.

And we cannot count on much help from the Supreme Court, which in 2003 upheld no-parole sentences, under California’s “three strikes” law, of 50 years for shoplifting $150 worth of children’s videos and 25 years for stealing three golf clubs.

The Young and the Reckless

http://www.nytimes.com/2009/11/14/opinion/14scott.html?_r=2&pagewanted=print

 

By Elizabeth S. Scott and Laurence Steinberg

 

On Monday, the United States Supreme Court heard oral arguments in two cases that ask whether sentencing a juvenile to life in prison without the possibility of parole is a violation of the Eighth Amendment’s prohibition of cruel and unusual punishment.

Those who hope the court will ban this sort of sentencing point to the 2005 decision in Roper v. Simmons, in which the court abolished the juvenile death penalty. They believe that the logic the justices applied in Roper to exclude minors from capital punishment should extend to life without parole as well.

Those who hope the justices will retain life sentences for juveniles argue that “death is different,” and that the court should exercise restraint, as it typically does when reviewing non-capital sentencing decisions for fairness under the proportionality principle.

Certainly, death is different. But the sentence of life in prison without parole is also different from even lengthy conventional sentences; it is a judgment that an offender will never be fit to rejoin civil society, however long he lives. This punishment may be suitable for adults who have committed terrible crimes, but it is never a fair sentence for a juvenile, whose character is unformed and whose involvement in crime reflects the immature judgment of adolescence.

A crucial lesson of the Roper case is that the developmental differences between adolescents and adults are important under the Eighth Amendment, as they are in other areas of constitutional law. In deciding to end the juvenile death penalty, the court repeatedly emphasized the relative immaturity of minors, even at age 17, as compared to adults — a point that is well established in behavioral research and finds growing support in brain science.

Writing for the majority in Roper, Justice Anthony Kennedy observed that juveniles’ impulsivity, recklessness and susceptibility to peer pressure made them inherently less responsible than adults. Justice Kennedy also noted juveniles’ potential for rehabilitation, because their personality and character traits are less fixed than adults.

In the years since the Roper ruling, research on adolescent brain and behavioral development has provided additional support for Justice Kennedy’s observations. There is now a consensus among neuroscientists, for example, that brain regions and systems responsible for foresight, self-regulation, risk assessment and responsiveness to social influences continue to mature into young adulthood. This evidence that adolescents are psychologically and neurologically less mature than adults should be important in deciding how to punish their criminal acts.

In Monday’s oral argument, the justices did not question the proposition that juveniles generally are psychologically less mature than adults. The debate focused instead on whether the mitigating trait of immaturity justified a categorical exclusion of juveniles from the sentence of life without parole.

Some justices argued instead that age and maturity should be considered in sentencing on a case-by-case basis. But this approach was rejected by the court in Roper — and it should be rejected here as well. As Roper recognized, even psychological experts are unable to distinguish between the young person whose crime reflects transient immaturity and the rare juvenile offender who may deserve the harsh sentence of life without parole. If experts can’t reliably make this determination, then it seems unlikely that juries and judges would be able to do much better.

The two Florida offenders whose cases will be decided by the court differ in age and in their offenses: Terrance Graham was sentenced to life without parole for a probation violation involving a house break-in at age 17, while Joe Sullivan was convicted of sexual assault at age 13.

It is possible that the court will treat these two cases differently. But in both cases, the lower court decisions should be struck down. For a minor to be confined in prison for life with no possibility of ever having the opportunity to demonstrate that he should be allowed to rejoin society is an egregious violation of the Eighth Amendment, especially for a crime in which no life was lost.

Such a sentence offends “the evolving standards of decency that mark the progress of a maturing society,” the court’s announced standard for reviewing state punishment under the Eighth Amendment. Indeed, in our opinion, life without parole is never a fair sentence for a juvenile, even in a murder case.

There is no question that teenagers who commit serious crimes should be held accountable and punished, and that society must be protected from young people who are violent and dangerous. But studies show that the vast majority of juveniles who commit crimes — even very serious crimes — grow up to be law-abiding adults, and that it is impossible to predict which juvenile offenders will become career criminals.

Absent an ability to do this, and in light of what science tells us about the capacity for adolescents to change, it makes no sense to lock up any young offender and throw away the key.

Elizabeth S. Scott, a professor of law at Columbia, and Laurence Steinberg, a professor of psychology at Temple, are co-authors of “Rethinking Juvenile Justice.”

HOT TOPIC: Harsh sentences for juveniles

http://www.palmbeachpost.com/opinion/letters/hot-topic-harsh-sentences-for-juveniles-58068.html

Letter from John Bajger, Assistant Florida attorney general

If crime isn’t murder, life without parole is too much

Florida sentences juveniles more harshly than any state and any country. Worldwide, roughly 100 juveniles are serving life sentences without parole for non-homicide, felony offenses, and 77 of these juveniles are imprisoned in Florida.

The U.S. Supreme Court heard arguments last week in two cases about whether this practice violates the constitution as cruel and unusual punishment. Both cases are from Florida. Regardless of the Supreme Court’s decision, Floridians should decry such sentences as intolerable.

In both cases, the defendants were sentenced as juveniles to life in prison without parole. Terrance Graham was 16 years old when he was sentenced to life for violating his armed burglary probation. Joe Sullivan was convicted of robbery and sexual battery, but he was only 13 years old when sentenced. Avion Lawson is the only Dunbar Village attacker who is still a juvenile. He will be sentenced next month. The other three, all but one of whom was a juvenile at the time of the crime, received life sentences.

In 2005, ruling in the case of Roper vs. Simmons, the Supreme Court declared that sentencing juveniles to death was unconstitutional. In Roper, the court recognized that juveniles are inherently different than adults; their identity is unformed, they are susceptible to outside influences — such as peer pressure — and are often incapable of fully comprehending the moral reprehensibility of their actions. The court found that the fundamental differences between juveniles and adults made sentencing juveniles to death cruel and unusual punishment.

For the same reason, life sentences without parole for juveniles are “freakishly rare,” as Sullivan notes in his brief. Sullivan argues that there are only nine people in the U.S. “under life without parole sentences for offenses committed at age 13.” Graham makes a similar argument, noting that “he is one of a handful of juveniles, in any state, who has been sentenced to life without parole for a non-homicide offense such as armed burglary.” In fact, he points out that his sentence is harsher than those of most adults convicted of violent crimes.

Many proponents of tough sentencing for juveniles ignore Roper’s distinction between adults and juveniles and advocate punishment as the ultimate goal of all sentencing. State Rep. William Snyder, R-Stuart, subscribes to this view, commenting in a recent New York Times article that “sometimes a 15-year-old has a tremendous appreciation for right and wrong … I think it would be wrong for the Supreme Court to say that it was patently illegal or improper to send a youthful offender to life without parole. At a certain point, juveniles cross the line, and they have to be treated as adults and punished as adults.”

Clearly, juvenile crime is a problem that Florida cannot ignore. However, the problem must be addressed in a humane manner that is consistent with universal norms of justice. As a civilized society that believes in the sanctity of all human life, we cannot permit our criminal justice system to throw away the lives of juveniles as irretrievably bad. Instead, we must begin from the premise that all juveniles are redeemable.

By focusing on punishment alone, the system is blind to factors that should mitigate juvenile sentences. As a result, many juveniles are sentenced unjustly, as with Sullivan and Graham. For example, Sullivan suffers from a mental disability. In its amicus brief, the Disability Rights Legal Center notes that “a disproportionate number of juvenile offenders suffer from disabilities.” In addition, the Sullivan and Graham cases, and others like them throughout the state, contain a disturbing racial aspect. As Sullivan states in his brief, “All of the 13-14-year-olds serving life without parole for non-homicide offenses are African-American.”

This is why the rest of the world rejects sentencing juveniles to life in prison without parole, as Amnesty International emphasizes in its amicus brief. U.S. Rep. Bobby Scott, D-Va., has introduced a sensible measure (House Resolution 2289) that would require parole hearings 15 years after a juvenile is sentenced to life, and every three years after. It is high time for Florida to do the same.

In 1924, Clarence Darrow took a stand against the death penalty in a case involving 19-year-old Nathan Leopold and 18-year-old Richard Loeb, stating: “I am pleading for the future, for a time when hatred and cruelty will not control the hearts of men, when we can learn by reason and judgment and understanding and faith that all life is worth saving, and that mercy is the highest attribute of man.”

Nearly 80 years later, the Supreme Court adopted Darrow’s vision of the future in Roper, and the justices should heed his plea once more and declare that sentencing juveniles to life in prison without parole is unconstitutional. If the court does not, Floridians should insist that the state end this unjust practice.

JOHN BAJGER

West Palm Beach

U.S. Commission to Assess Mandatory Sentences

http://online.wsj.com/article/SB125798793160144461.html?mod=WSJ_hpp_MIDDLENexttoWhatsNewsTop

By Gary Fields

WASHINGTON — Congress has ordered the panel that advises judges on prison terms to conduct a review of mandatory-minimum sentences, a move that could lead to a dramatic rethinking of how the U.S. incarcerates its criminals.

The review is a little-noticed element of the National Defense Authorization Act signed into law last month by President Barack Obama. The defense-spending bill calls on the commission to perform several tasks, including an examination of the impact of mandatory-minimum sentencing laws and alternatives to the practice.

Congress in the 1980s began passing mandatory-minimum laws, which dictate the minimum sentence a judge must hand out for a particular crime. Among the results were longer sentences, increased prison populations and ballooning budgets.

Amid cost concerns in recent years, states have tried to reverse the trend. At least 26 states have cut corrections spending recently and at least 17 are closing prisons or reducing their inmate populations, according to the Vera Institute of Justice, a New York nonprofit that studies sentencing and criminal-justice policies.

The U.S. Sentencing Commission, which advises judges on all other sentences, has now been charged with issuing recommendations on mandatory minimums. Any final change in sentencing law would have to come from Congress.

“It’s going to be a massive undertaking,” said the new chairman of the Sentencing Commission, William Sessions III.

Mr. Sessions, who is also the chief federal judge in Vermont, said the review would include everything from determining the effects of minimums on the size of the prison population, to spending and the social impact of the policies. “In my view,” he said, “it’s a very open-ended request.”

The inmate population in federal prisons has risen from 24,000 in 1980 to 209,000 as of Nov. 5. Over the same period, the federal Bureau of Prisons staff has grown from 10,000 to about 36,000 employees.

The commission has pushed for changes in mandatory minimums, such as ending the disparity in sentencing for crimes involving crack-cocaine and powder cocaine. Several proposals are pending in Congress to address the crack-cocaine issue. But the commission has not done a full-scale examination of federal sentencing laws since 1991. At the time, there were only 60 mandatory-minimum laws on the books. Now there are about 170.

According to a limited review released by the commission in July, most mandatory-minimum cases in 2008 concerned drugs or weapons crimes. The review found that 21,023 offenders were convicted of crimes that could have triggered the mandatory-minimum sentence. Many got more lenient sentences for a variety of reasons, including cooperation with authorities.

The commission will examine the effects of mandatory minimums on plea agreements. Critics of the system say the threat of such sentences is used to coerce plea bargains.

Members of the commission have been traveling the country to meet with judges, prosecutors and defense attorneys. Many have pressed the commission to provide alternatives to imprisonment for nonviolent, low-level drug defendants.

James Pasco, executive director of the Fraternal Order of Police, the nation’s largest law-enforcement labor organization, said officers believed it was appropriate to review the system. But he said it shouldn’t happen “in a way that will result in criminals not being held accountable.”

Mary Price, vice president and general counsel for Families Against Mandatory Minimums, said it was too early to tell where the review might lead.

“Certainly from FAMM’s perspective, as much information as the commission can provide on the operation and impact of mandatory minimums can only help us better understand and advocate for their elimination.”

Ugly Truth: Most U.S. Kids Sentenced to Die In Prison Are Black

By Liliana Segura

On Monday the U.S. Supreme Court heard two cases that could have major implications for the way juvenile offenders are treated in our criminal justice system. Sullivan v. Florida and Graham v. Florida both involve men who are serving life without the possibility of parole for crimes they were convicted of as teenagers — crimes in which no one was killed.

Joe Sullivan was only 13 years old when he was accused of sexually assaulting a 72-year-old woman in her Pensacola, Fla., home, hours after he and a group of older teenagers robbed her house. Sullivan, who reportedly suffers from mental disabilities, insisted that, while he participated in the robbery, he did not commit the rape. But his co-defendants, 15-year-old Michael Gulley and 17-year-old Nathan McCants, 17 pinned the crime on him. Both were tried as juveniles; Sullivan was tried as an adult.

Sullivan is African American, a fact that was stressed repeatedly at trial. The victim, Lena Bruner, testified that her assailant was “a colored boy” with “kinky hair” — “he was quite black, and he was small,” she said. Bruner admitted that she “did not see him full in the face,” but she remembered him saying, “If you can’t identify me, I may not have to kill you.”

According to the New York Times, “at his trial, Mr. Sullivan was made to say those words several times.” (“‘It’s been six months,’ the woman said on the witness stand. ‘It’s hard, but it does sound similar.’ “)

Sullivan had shabby representation — his lawyer didn’t bother making an opening statement and later lost his license to practice in Florida — and his one-day trial should have cast serious doubts about his guilt. “The only physical evidence was a fingerprint lifted from a plaque in the bedroom, which could have been made during the burglary,” wrote Amy Bach in Slate last week. “The clothing and other evidence have been destroyed and couldn’t be tested for DNA.” Nevertheless, he was found guilty, and at 14, Sullivan became the youngest person in the country to be sentenced to life without parole.

“I’m going to send him away for as long as I can,” the judge said.

Today, Sullivan is one of some 109 prisoners in the country whose non-homicide crimes have condemned them to leave prison only in a coffin. No fewer than 76 of those prisoners are behind bars in Florida. (Until last month there were 77, but 29-year-old Travis Underhill, sentenced to life in 1999 for armed robbery, “collapsed while playing basketball at a Palm Beach County prison on Oct. 8 and died,” according to the Miami Herald.) The vast majority — 84 percent, in Florida — are African American. On a national level, according to Human Rights Watch, African American youths are serving life without parole at a rate of about 10 times that of white youths.

Monday’s oral arguments covered a lot of ground, including whether life-without-parole is comparable to the death penalty (which has been banned for juveniles); whether the purpose, ultimately, is about deterrence or retribution — “What is the State’s interest in keeping … the defendant in custody for the rest of his life if he has been rehabilitated and is no longer a real danger?” — whether, for sentencing purposes, there’s any practical difference between a 13-year-old or a 10-year-old — or, for that matter, an 18-year-old and a 17-and-11-month-old (“the line has to be drawn somewhere.”) At points, it got downright philosophical (“Why does a juvenile have a constitutional right to hope, but an adult does not?” asked Justice Kennedy.) But at the center of the argument was the question of whether children — and their potential for rehabilitation — should be judged by the same standards as that of grown-ups. “To not recognize the difference between a child and an adult is cruel and unusual,” defense attorney Bryan Stevenson told Justice Antonin Scalia.

Conspicuously absent from the oral arguments, however, was any discussion of race. The one time Stevenson attempted to mention it, as one of the “arbitrary features” of the distribution of life-without-parole sentences — these prisoners are “disproportionately kids of color,” Stevenson said — he was interrupted by Justice Alito, who questioned the reliability of his statistics. (“What is your response to the State’s argument that these statistics are not peer-reviewed?” he asked.)

It can be tricky to pin down exact numbers when it comes to specific prison populations from state to state, particularly given the differences between sentencing statutes across the country. And states have not traditionally kept track of how many juveniles are in their adult prisons. But when it comes to juvenile lifers, there are some figures that have been widely accepted (and not contested by the state of Florida.)

“There are 73 children 14 and younger who have been imprisoned for life without parole,” Stevenson told the Court. “…For the age of 13 and younger, there are only nine kids, and that’s including both kids convicted of homicide and non-homicide. For non-homicide, there are only two. They are both in Florida and Joe Sullivan is one of them.”

What he did not get to say is that of the vast majority of kids who are sentenced to die in prison are black.

This is unfortunate. Racism has been central to the policies that led to the rise in life sentences for juveniles in the first place — and not just in Florida. The Supreme Court may rely on legal precedents to make their decisions — but that does not mean it necessarily considers history.

The Myth of the “Superpredator”

The crime that led Joe Sullivan to life in prison took place in 1989. It was the same year that would see notorious serial killer Ted Bundy executed at the Florida state prison in Starke — an exceptional case that would capture the mood of the locals when it came to dealing with would-be-murderers. (The St. Petersburg Times reported that year, “Across Florida, radio stations bade ‘Bye, Bye, Bundy,’ while next door to the Chi Omega sorority, where Bundy killed two young women, a campus bar was offering ‘Bundy fries’ and ‘Bundy fingers’ — actually, french fries and strips of alligator meat.”)

Florida serial killers aside, 1989 was also the year that a young, blond investment banker from Manhattan brutally assaulted in New York’s Central Park, a horrible crime that the cops, the press and even people who lived nowhere near New York City declared solved within days. The rapists, it was decided, were five young black and Latino teenagers from Harlem. All of then would turn out to be innocent (a fact that came out only after each lost years of their lives in prison.) But in the eyes of many commentators at the time, these teenagers were the worst kind of monsters:

“They were coming downtown from a world of crack, welfare, guns, knives, indifference and ignorance,” New York Post columnist Pete Hamill wrote in the days after the crime. “They were coming from a land with no fathers. … They were coming from the anarchic province of the poor.”

And driven by a collective fury, brimming with the rippling energies of youth, their minds teeming with the violent images of the streets and the movies, they had only one goal: to smash, hurt, rob, stomp, rape. The enemies were rich. The enemies were white.
So the country was introduced to the new urban “superpredator,” as Princeton University Professor John DiIulio would brand this new prototype of youth crime. These twisted teenage thugs — described in New York as traveling in “wolf packs” that hunted innocent people upon whom to inflict their mob violence (“wilding”) — were a whole new breed of criminal, he said, and existing laws were no match for their evolving standards of brutality.

DiIulio would spend the next few years spreading the gospel of the superpredator, warning that “Americans are sitting atop a demographic crime bomb.”

“On the horizon … are tens of thousands of morally impoverished juvenile superpredators,” he wrote in The Weekly Standard in 1995. “They are perfectly capable of committing the most heinous acts of physical violence for the most trivial reasons.”

The difference between teen criminals in decades past, he argued in his book, Body Count, amounted to “the difference between the Sharks and the Jets of West Side Story and the Bloods and the Crips.”

“It is not inconceivable that the demographic surge of the next 10 years will bring with it young criminals who make the Bloods and the Crips look tame.”

But how real was this so-called superpredator or the terrifying crime wave to come? Although the country saw a spike in juvenile crime in the early 1990s, it wasn’t entirely clear what was behind it.

Some cited crack cocaine, others cited the country’s changing demographics (with baby boomers’ offspring entering adolescence), and others pointed to high unemployment. But in the years to come, one thing became clear: The teenage crime wave so ominously predicted by DiIulio and his political affiliates was pure fiction.

Owning up to this fact is none other than DiIulio himself, who pulled a fairly stunning 180 a few years ago, when he admitted that his influential theory of urban superpredators was wrong.

“If I knew then what I know now, I would have shouted for prevention of crimes,” he told the New York Times in 2001. Indeed, crime among teenagers — particularly violent crime, hit a historic low in recent years, with arrest rates of juveniles falling a whopping 49 percent between 1994 and 2004.

But the damage was already done: Throughout the 1990s, the country arrested teenagers — many of them first-time offenders — in record numbers, slapping them with long sentences previously reserved for hardened criminals.

Barry Krisberg, president of the National Council on Crime and Delinquency, wrote in 2005 that in the years that followed the hysteria over superpredators, “More than 40 states made it easier to transfer children to adult criminal courts. Educators enacted ‘zero-tolerance’ policies to make it easier to expel youngsters from school, and numerous communities adopted youth curfews. Many jurisdictions turned to metal detectors in public schools, random locker searches, drug tests for athletes and mandatory school uniforms.

The panic was bipartisan. Every crime bill debated by Congress during the Clinton administration included new federal laws against juvenile crime. Paradoxically, as Attorney General Janet Reno advocated for wider and stronger social safety nets for vulnerable families, President Bill Clinton joined congressional leaders demanding tougher treatment of juvenile felons, including more incarceration in both the adult and youth correctional systems.
Paving the way was the Sunshine State. “Florida led the country in transferring juveniles into the adult courts,” says Stephen K. Harper, a University of Miami professor who teaches juvenile law. At the same time, adult sentences were getting longer. In 1983, Florida abolished parole for most crimes, and in 1995, it got rid of parole altogether. “Adolescents were being transferred into the adult system, while simultaneously the adult system was becoming more punitive,” Harper told AlterNet.

Today, the results are a bit perverse. According to Florida State Law Professor Paolo Annino, “Florida takes the lead in placing the youngest children in the adult prison system.”

“The most recent Florida data shows, there is 1 inmate who was 10, 4 inmates who were 11, 5 inmates who were 12, and 31 inmates who were 13 years old at the time of their offense.”

Annino and Harper both point to what Harper calls the “unintended consequences” of Florida’s rush to incarcerate juveniles. “In 1983 and 1995, the Florida Legislature did not contemplate that hundreds of children would be sent to adult prison in the last two decades,” Annino wrote earlier this year. But before the Court, Florida Solicitor General Scott D. Makar defended Florida’s large juvenile lifer population, suggesting that the state knew exactly what it was doing. “I believe Florida is very balanced,” he told Scalia during oral arguments in Graham v. Florida.

Florida Attorney General Bill McCollum agrees. In his brief filed in Graham, McCollum argues that it was Florida’s brand of tough-on-crime legislation that led to falling crime rates in the late 1990s — a claim that law professors Jeffrey Fagan and Franklin E. Zimring call “as phony as last decade’s crime scare.”

“As a member of Congress in the 1990s,” they wrote, “[McCollum] promised the United States a ‘coming storm’ of superpredators as a result of a population surge of kids from fatherless homes.”

This, of course was the claim pushed by John DiIulio, the only difference being that, more than a decade later, McCollum still seems determined to believe it.

The “superpredator” myth — and the racism that breathed life into it — has been a driving force behind the rush to incarcerate youths of color across the country for years. That the human effects would go undiscussed by the Court may come as no surprise given the justices’ routine upholding of other laws that disproportionately affect people and families of color. But in a country with 2.3 million prisoners, leaving race completely out of the decision would not just be willful ignorance; it would amount to what Bryan Stevenson has called an “appalling silence.”