Former Senator Alan Simpson urges states to ban life without parole for children

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In tandem with the CFSY’s Monday release of Righting Wrongs: The Five-Year Groundswell of State Bans on Life Without Parole for Children, former U.S. Senator Alan K. Simpson, (R-WY), writes a moving letter calling on the United States to end life-without-parole sentences for children. Currently 17 states ban the sentence, more than triple the number that did so just five years ago.

Senator Simpson urges policymakers in other states to join our growing movement after Wyoming eliminated life-without-parole sentences for children in 2013, and we are grateful to Senator Simpson for his continued involved in our advocacy efforts.

Read Senator Simpson’s letter, The Better Angels of Our Nature, at this link.

simpson-letter

 

States that ban life without parole for children triple in five years

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The number of states that ban sentences of life in prison without parole for children ages 17 and younger has more than tripled in the last five years, and traditionally conservative states are leading the way, according to Righting Wrongs: The Five-Year Groundswell of State Bans on Life Without Parole for Children,  a report released today by the Campaign for the Fair Sentencing of Youth (CFSY).

In 2011, just five states banned life without parole for children. Today, 17 states ban the practice, and another five ban the sentences in most cases. Several additional states have never imposed the sentence on a child. This rapid rate of change in recent years illustrates an emerging national consensus against the use of life-without-parole sentences on children—a punishment only imposed on children in the United States.

“There is tremendous momentum nationwide from conservatives and liberals alike to end the draconian practice of condemning children to die in prison,” said Jody Kent Lavy, CFSY executive director. “When we sentence children to life without parole, we fail to acknowledge what every parent knows and adolescent development research has proven: children are not simply little adults. Their brains, like their bodies, are not fully formed. Because of where they are developmentally, they do not have adult levels of judgment or ability to assess risks, are more susceptible to peer pressure, and have a unique capacity for change. That is why they should never be sentenced to life in prison without the possibility of release.”

Former Sen. Alan Simpson, (R-WY), is among those supporting the effort to ban these sentences.

“Before I served our great nation, I too was a juvenile offender who committed serious crimes, risking my own life and the lives of others,” Simpson said in a letter calling on state legislators across the country to pass legislation banning life-without-parole sentences for children. “With minor changes in the facts of the crime, I could have spent years—or perhaps my entire life—in the clink. I am living proof that youth possess a unique capacity to grow and change. The child who seems helpless today could go on and change the world. That’s why I strongly support the work of the Campaign for the Fair Sentencing of Youth which is actively working to end the practice of sentencing children to die in prison.”

States throughout the country are moving away from the practice of sentencing children to life without parole with leadership from a robust national alliance built by the CFSY that includes conservative and progressive state legislators, prosecutors, judges, and, significantly, family members of people who have died as a result of crimes committed by youth and members of the Incarcerated Children’s Advocacy Network (ICAN), a national network of individuals formerly incarcerated for serious crimes committed as children.

States in every region of the country have eliminated life-without-parole sentences for children. Legislation to eliminate the practice has passed in Republican-led states such as Wyoming and Utah, and Democratic-led states, including Delaware and Connecticut.

The CFSY’s report released today highlights these important reforms, key stakeholders involved in abolition efforts, and some of the lives impacted by the recent bans on the practice of sentencing children to die in prison.

“I’m incredibly grateful to the Campaign for all the work they’ve done to change the dialogue regarding youthful offenders,” said Dr. Linda White of Texas. “In spite of being the mother of a young woman who was killed by two 15-year-olds, I see only waste—wasted lives and wasted funds better spent on preservation—in keeping children locked up until they die behind bars. It also seems really cruel to their families, who become one more set of victims.”

 

 

Read the CFSY’s new report, Righting Wrongs: The Five Year Groundswell of State Bans on Life Without Parole for Children:

righting-wrongs-cover

Former Sen. Alan Simpson has called for states to ban life without parole for children in a letter accompanying the report.

Colorado Eliminates Life Without Parole

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Colorado has officially eliminated the practice of sentencing children to life in prison without the possibility of parole.

Gov. John Hickenlooper signed two bills into law on Friday that will guarantee parole opportunities for the 48 people serving the sentence. Colorado banned the sentences prospectively in 2006, but did not devise provisions for the four dozen individuals who were already serving life-without-parole sentences for crimes committed as children.

Overall, hundreds of people who were sentenced to life without parole as children will have opportunities for review consideration as a result of legislative, litigation and policy changes enacted since the beginning of 2016.

“We are thrilled that Colorado, an early leader in prohibiting life-without-parole sentences for children, has finally prohibited these cruel sentences for all children no matter when their offenses occurred,” said Nikola Nable-Juris, policy counsel for the Campaign for the Fair Sentencing of Youth, the national organization working exclusively to replace extreme sentences for children with age-appropriate, trauma-informed accountability measures.  “While children in Colorado still face lengthy sentences that are not yet age-appropriate, we are heartened that no child will die in prison without the opportunity for review and are optimistic that SB 180 and SB 181 will be catalysts for future reform efforts.”

Under Senate Bill 181, people previously serving these sentences will be entitled to resentencing hearings and subject to new sentencing ranges of 30 to 50 years or life in prison with the possibility after 40 years for felony murder cases. The other individuals serving JLWOP will receive life with the possibility of parole after 40 years.

The Colorado Legislature also passed Senate Bill 180, which allows certain individuals who received adult sentences for crimes committed as children to apply for a specialized prison program that provides work training and reentry skills. Incarcerated individuals who have not been released on parole may apply to the program after they have served 20 years. Participants who have evidenced positive change, growth and rehabilitation may then apply to the governor for early parole.

The reforms in Colorado come just weeks after the Iowa Supreme Court banned life without parole for children. Both South Dakota and Utah banned the sentences earlier this year. Just last week, Philadelphia District Attorney Seth Williams said he will not seek life-without-parole sentences in past and future cases involving children. More than 300 Philadelphia children have been sentenced to life without parole, more than any place else in the world. Among them is Joe Ligon, 78, who has served more time than anyone in Pennsylvania and potentially the nation. The New York Times has called on other districts attorney to follow Mr. Williams’ lead.

In addition, two recent Florida Supreme Court cases have further highlighted the growing impact of Miller v. Alabama and Montgomery v. Louisiana in providing relief for youth sentenced to life in prison. The rulings found that everyone sentenced to a mandatory life-without-parole sentence as a child is entitled to review consideration, regardless of when they were sentenced. In Atwell v. Florida, the Florida Supreme Court held that a life with parole sentence that fails to provide a meaningful opportunity for relief through the parole process violates Miller and Montgomery. This decision means that at least 300 individuals sentenced to life with parole in Florida are eligible for resentencing.

And in Landrum v. Florida, the Florida Supreme Court held that Miller and Montgomery apply to discretionary life without parole sentences. The Florida Supreme Court recognized that the principles on which Miller and Montgomery were decided necessarily apply to discretionary life without parole sentences. With this decision, Florida joins other states such South Carolina and Georgia that have afforded resentencing opportunities to individuals sentenced as children to discretionary life without parole.

The result of all of this is that fewer children will die in prison.

“There is no question that the tide is turning against these death-in-prison sentences,” said Jody Kent Lavy, director and national coordinator at the Campaign for the Fair Sentencing of Youth. “Certainly, there is more work to be done. Many of these important reforms still fall short of holding children accountable in age-appropriate and trauma-informed ways, and too many states are still willing to impose extreme sentences upon children. But these types of penalties are losing favor as more policymakers and opinion leaders call for reform. When the lead prosecutor in the city that has used the sentence more aggressively than anyone else abandons the practice, the writing is on the wall.”

Iowa Supreme Court Bans Life-Without-Parole Sentences for Children

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For Immediate Release: May 27, 2016

Iowa Supreme Court Bans Life-Without-Parole Sentences for Children

(Washington, DC) The Iowa Supreme Court today issued a historic ruling in State v. Sweet that life-without-parole sentences for all children 17 or younger violate the Iowa Constitution. Iowa joins a growing number of states that have outlawed this death-in-prison sentence for youth 17 and younger – a sentence only the United States imposes. The ruling builds upon a swell of opinions from the United States Supreme Court finding that youth must be treated less harshly than adults because of their unique characteristics as children.

Today’s ruling invalidates the life-without-parole sentences of dozens in Iowa sentenced for crimes committed as children.

“The Iowa Supreme Court has today enshrined in the law a protection too easily revoked from children who commit serious crimes: a respect for their child status,” said Jody Kent Lavy, Director & National Coordinator of the Campaign for the Fair Sentencing of Youth, a nonprofit that leads a national movement to end life without parole for youth. “The Court has respected what science and common sense demand: that children, because of their differences from adults, be treated less harshly in the eyes of the law, and never discarded forever with no hope of review.”

Today’s decision does not guarantee parole; it requires that the state never impose a sentence on children 17 or younger that condemns them to spend the rest of their lives in prison without any chances at review. It used as a deciding factor the difficulty a sentencer would have in determining whether a child’s crime reflects “permanent incorrigibility,” as required by the U.S. Supreme Court in its 2016 ruling in Montgomery v. Louisiana.

“[W]e are asking the sentencer to do the impossible, namely, to determine whether the offender is ‘irretrievably corrupt’ at a time when even trained professionals with years of clinical experience would not attempt to make such a determination,” the Iowa Supreme Court reasoned.

It now falls to lower courts in Iowa to implement the decision fairly and replace any unconstitutional life-without-parole sentences with alternatives that afford meaningful opportunities for release based on the mitigating factors of youth.

In last four years, the number of states that ban juvenile life without parole have more than tripled. Among them are Nevada, West Virginia, and Connecticut.

Read the decision here.

Make restorative justice services available to all victims, says mother of woman killed by teens

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It has been nearly 30 years since two 15-year-old boys killed my daughter, Cathy.

One of those misguided teens, Gary Brown, was released from prison approximately six years ago. As we observe National Victim Rights Awareness Week through Saturday (April 16), I am grateful that Gary has a new chance to live a productive life and want to see the same for other youths who make serious mistakes but grow, change and prove that they are ready to be reintegrated into society.

I also am reminded of the importance of restorative justice efforts that can bring offenders face to face with the people they have harmed and can lead to healing for everyone involved. Over the coming months and years, people who were sentenced as children or youth to life in prison without the possibility of parole will be considered for parole or sentencing adjustments. This is the result of recent U.S. Supreme Court decisions, which found that it is unconstitutional to impose mandatory life-without-parole sentences upon kids. It is my hope that restorative justice, counseling and other needed services can become available to all family members of victims.

Cathy died in November of 1986. She and the man she was dating had just returned from an out-of-state trip when they dropped by our home for dinner so that Cathy could introduce him to her father and me. After they left, my husband and I realized that Cathy’s fiancé was the son of the doctor who was her pediatrician when we lived in Colorado. Although it was late, I could not wait to tell Cathy, so I phoned her. It was our last conversation.

Two days later, we learned she had been killed. Gary and the other boy arrested and charged in her death were certified to stand trial as adults. I was initially pleased when they both were sentenced to long terms in prison.

Losing Cathy transformed my life. It led me to study death, dying, grief and loss. I also focused on my family’s healing rather than revenge.

After a few years, I read about restorative justice.  Once I understood more about our justice system and that restorative justice is a different model, it changed me and how I felt about sentencing and redemption. I realized that our system of accountability too often responds to violence with more violence. In contrast, restorative justice is non-violent. It assures accountability by offering offenders face-to-face meetings with the families whose lives have been devastated by their actions, if those families so choose and all are adequately prepared.  For many victims, the greatest healing comes through this interaction. And it is not easy for offenders. Many have told me that the most difficult thing they have ever done is sit across from the people they have harmed, even more difficult than serving time in prison

I eventually earned a Ph.D. from Texas A&M University. In time, I would teach college courses on these topics for Sam Houston State University, both in prison and on campus. I also became an advocate for banning life without parole and other extreme sentences for children. Currently, I participate in a victim-offender encounter program in prisons. As a person of faith, I consider this my personal ministry.

Thankfully, there is growing momentum for reform. Opinion leaders and policymakers as diverse as President Carter, former Speaker of the House Newt Gingrich, conservative columnist George Will and Pope Francis have called for changes in the ways we hold children accountable.

I believe people can change, especially people who have done things as a child. As any parent knows, children and teens often make bad decisions. This is because their brains are not yet fully developed and they lack the capacity to think through the long-term impacts of their actions. This is compounded for children who have been exposed to traumas such as abuse and neglect, which is the sad reality for many of the children who face these sentences. Gary and I first met 15 years ago in a mediated dialogue. I discovered a young man whose early life had been one of abuse and neglect, a world apart from that of my childhood and that of my children. Though he offered no excuses for his actions, what he told me helped me to understand how he could have committed such a tragic deed and enabled me to place my daughter’s murder in a larger context. His total remorse was an incredibly healing encounter for me.

I was pleased when Gary was released from prison in 2009 as part of an effort to ease prison overcrowding. He had served 23 years of a 54-year sentence. He is a remarkably different person than he was as a teenager. He is proof that young people, even those who have done horrible things, can transform. Gary continues to demonstrate that he is deeply sorry for the pain he caused, and I am doing all that I can to help others like him when they leave prison.

Dr. Linda While lives in Magnolia, Texas.

April 15, 2016

 

 

 

 

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Utah bans life without parole for children

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Utah has banned the practice of sentencing children to life in prison without the possibility of parole.

Gov. Gary Herbert signed into law HB 405, which was sponsored by Rep. V. Lowry Snow. Utah is the second state to ban the practice this year, following South Dakota. They join states such as Wyoming, Nevada and West Virginia in implementing less punitive accountability measures for children.

“Utah’s criminal justice system has long recognized the fundamental difference between children and adult offenders,” said Rep. Snow. “Passage of HB 405 is an expression of that important recognition and it provides a clear statement of Utah’s policy regarding the treatment of children placed in custody for serious offenses.”

This law brings to 16 the number of states that ban life-without-parole sentences for people who were younger than 18 at the time of their crimes. In five other states, life without parole is banned in for children under most circumstances.

“By banning life without parole for children, Utah policymakers affirmed that we are all more than the worst thing we have ever done,” said Jody Kent Lavy, director and national coordinator at the Campaign for the Fair Sentencing of Youth. “Adolescent development research affirms that children – even those who commit serious crimes — possess a unique capacity for change and rehabilitation. Rather than sentencing them to die in prison, we should hold children who commit serious crimes accountable in ways that account for their age at the time of the crime, relevant childhood experiences, and their capacity for change.”

The U.S. Supreme Court, drawing in part on adolescent development research, has said that children are “constitutionally different” from adults and should not be subject to our country’s harshest penalties.

“No child is beyond redemption, which is why youth should never be sentenced to die in prison,” said Xavier McElrath-Bey, youth justice advocate at the CFSY. “I am proof of this. Like many of the people serving these sentences, I experienced severe abuse and neglect as a child. Unfortunately, I joined a gang for a sense of family, and at 13, I was responsible for the tragic death of another child. Today, at age 40, I live out my eternal apology by giving back to my community and fighting for the rights and integrity of all children in the justice system. Fortunately, the children of Utah will now too have the opportunity to prove that they are better than their worst act.”

The CFSY, which advocates for age-appropriate, trauma-informed accountability for children, worked with advocates, legislators and others in Utah to provide education and information about the need for change in juvenile sentencing laws and practices.

“I am so proud to live in a state where the legislature and our community recognize children are different from adults, said Pamela Vickery, executive director of the Utah Juvenile Defender Resource Center. “We still have work to do but HB405 is of great significance because it recognizes the unique children and circumstances we see in the justice system, as well as embraces as a community a broader policy and approach toward how we treat the children and families we see.  The work by the Campaign for Fair Sentencing and legislators like Representative Snow have had an enormous impact for the children of Utah.”

Pictured above, from left: James Dold, CFSY advocacy director; Utah Rep. V. Lowry Snow, who sponsored HB 405; Speaker of the Utah House of Representatives Greg Hughes; Xavier McElrath-Bey, CFSY youth justice advocate.

Fairsentencingofyouth.org

Contact:
James D. Ross II
Director of Communications
Campaign for the Fair Sentencing of Youth
202-289-4677, ext. 17 (office)
504-906-9123 (mobile)
[email protected]

 

South Dakota bans life without parole for children

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South Dakota has banned the practice of sentencing children to life in prison without the possibility of parole.

Gov. Dennis Daugaard signed SB 140 sponsored by Sen. Craig Tieszen, into law on Wednesday. In making this change, South Dakota joins states such as Wyoming, Nevada and West Virginia in implementing less punitive accountability measures for children.

“Every year I try to bring at least one bill that I truly believe in while knowing it will be a struggle,” said Sen. Tieszen. “I believe that children, even children who commit terrible crimes, can and do change. And, I believe they deserve a chance to demonstrate that change and become productive citizens. In the end, I gathered a very diverse set of legislators from across the political spectrum and passed the bill with solid margins.”

SB 140 eliminates all life sentences for people who were younger than 18 at the time of their crimes. Fifteen states now ban life-without-parole sentences for children.

“South Dakota is helping to lead important change in the ways that we hold our children accountable,” said Jody Kent Lavy, director and national coordinator at the Campaign for the Fair Sentencing of Youth. “Teenagers who commit serious crimes will now have an opportunity after several years to demonstrate that they have been rehabilitated and are ready to re-enter society. Jurisprudence and adolescent development research document that appropriate sentences consider children’s age at the time of a crime, the trauma they have experienced and their capacity for change.”

The U.S. Supreme Court, drawing in part on adolescent development research, has said that children are “constitutionally different” from adults and should not be subject to our country’s harshest penalties.

The CFSY, which advocates for age-appropriate, trauma-informed accountability for children, worked with advocates, legislators and others in South Dakota to provide education and information about the need for change in juvenile sentencing laws and practices.

“The Campaign for the Fair Sentencing of Youth provided important testimony and support,” said Sen. Tieszen. “As important as the sentencing reform is, I think it is equally valuable that legislators had the opportunity to think differently about children’s capacity for change. The Campaign provided that important education and perspective.”

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