The US Supreme Court is mulling over the constitutionality of sentencing a juvenile to life without the possibility of parole (LWOP). In March, the Court heard arguments in two separate cases in which 14-year old offenders were sentenced to LWOP. They are expected to rule on the cases, Miller v Alabama and Jackson v Hobbs, this summer.
The United States is the only country in the world that sentences juvenile murderers to LWOP, according to Amnesty International. Today there are over 2,300 juveniles serving LWOP sentences in the United States.
“It is an absolute tragedy when a person’s life is taken by another human being,” said Borey Ai, who was sentenced to a life term with the possibility of parole for a second-degree murder he committed at age 14. “But condemning children to life in prison is not the only solution.” Ai is vice chairman of Kid CAT, a group at San Quentin whose goals include educating incarcerated men and mentoring juveniles.
Bryan Stevenson, the lawyer representing the 14-year-olds, argued that juveniles have deficits in understanding and judgment, rendering them less culpable for their actions and thus less deserving of harsh punishments. Further, because the character of juveniles is not fully formed, they should have a chance at parole after they mature and rehabilitate.
Stevenson’s argument was bolstered by briefs submitted by the American Psychological Association and American Psychiatric Association which contended juveniles are particularly vulnerable and lack control over their environment.
Amnesty International filed an amicus brief asserting that international standards on punishment of juveniles must shape the court’s view on contemporary standards of decency in determining whether a sentence is cruel and unusual.
The United Nations Convention on the Rights of the Child bars sentencing juveniles to LWOP, an agreement that has been ratified by every country except Somalia and the United States. The U.S. Supreme Court has previously ruled that it was unconstitutional to sentence juveniles to death or to LWOP for a non-homicide crime.
Michael Nelson, chairman of Kid CAT, thinks any adult sentence is wrong for a juvenile. “Juveniles who commit crimes, including murder, are as guilty in inflicting pain and suffering on their victims as an adult who commits the same crime,” said Michael Nelson, who was sentenced to a life term with the possibility of parole for a first-degree murder he committed at age 15. “However, they should not be tried as adults or sentenced according to laws that apply to adults, because that further devalues human life and ignores the profound redemptive capacity of young offenders.”
