In Illinois, where at least 103 inmates are serving life without parole for crimes committed before they turned 18, state lawmakers are considering a bill that would allow parole hearings after twenty years. State Representative Robert Molaro, a Democrat representing a district in Chicago, had to table a bill he introduced after victims’ rights groups piped up; according to this article in the Chicago Tribune, Molaro says he “hopes to revive the effort early next year and vows to work with law enforcement officials and other critics.” If it passes, Illinois will join six other states–Alaska, Colorado, Kansas, Kentucky (with an asterisk, since three cases are being challenged in court), New Mexico and Oregon–that prohibit LWOP sentences for juveniles. A few other states, notably California and Michigan, are similarly positioned to consider legislative bans on the sentencing policy.
It’s becoming more and more clear to me that this is the key issue right now when it comes to juvenile justice reform in the United States. This is where the energy is; this is where the momentum is; this is where reformers have the greatest chance at success. As a follow-up to Roper v. Simmons, of course, it’s a natural. If you agree, as the Supreme Court did, that juveniles are different from adults in that they are still developing, and are therefore less culpable for their behavior and more capable of rehabilitation, then it follows that the death penalty for juveniles constitutes cruel and unusual punishment and must be abolished. And in the wake of Roper, of course, it follows that a sentence to death in prison is likewise unacceptable. There are currently at least 2,381 children serving such sentences in the United States; that is more than 99 percent of the juvenile offenders serving life without parole in the world.
The United States is by far the most egregious violator of what can fairly be described as a worldwide condemnation of life sentences for children, and it must be brought into compliance with evolving human rights standards. Whether a ban on this outmoded practice will come about by way of the courts or as the result of a wave of state legislation remains to be seen. That it is coming, I think, is beyond doubt.
3 responses so far ↓
Nebraska Considers Ban on Juv LWOP « Juvienation // January 11, 2008 at 3:24 pm |
[...] young lifers, in Nebraska and elsewhere, deserve a second chance. As I wrote in November, in a post about a similar bill put forward by Illinois State Representative Robert Molaro, If you agree, as [...]
LWOP Movement in Illinois « Juvienation // February 14, 2008 at 1:33 pm |
[...] with most of them. The document comes at an opportune moment, as state legislators are currently developing a bill that would allow periodic parole hearings for these offenders. Victims’ rights groups, [...]
tena newsome // February 24, 2008 at 4:11 pm |
I have a friend that went into holman correctional when he just turned 16 for a capital murder case he did not do. he was 3 others that did. In court it was proven that he had no DNA on him and the other 3 said he didn’t do it but he got lwop for not telling the police. the ringleader told him if he said anything he would get ten times worse and he would kill his mom. we live in alabama and nothing is happening here on these kinds of cases!! i will never give up on him he deserves a chance to be heard. he is not a hardened criminal. His name is Louis Christopher Mangione. Please help me if you can or point me in the right direction to get the ball rolling here.