This document summarizes juvenile life without parole (JLWOP) sentencing practices and their impact on youth in the criminal justice system. It notes that over 2,500 individuals were serving life sentences for crimes committed as juveniles in 2012. Research shows that many of these individuals grew up in unstable environments and faced trauma, abuse, poverty and exposure to violence. Neuroscience evidence demonstrates that adolescent brains are not fully developed, resulting in diminished culpability. Recent court rulings have found JLWOP sentences unconstitutional for juveniles, recognizing that children are less culpable and more capable of change than adults.
Juvenile Life without Parole: Why Children Deserve Second Chances
1. Juvenile Life without Parole
erious crimes deserve serious penalties, but crimes committed
by children, though sometimes resulting in serious and tragic
harm, deserve special consideration. These crimes tend to be
impulsive, short-sighted, and driven by fear and by childish
desires to impress peers or pacify adults. New brain science
confirms that teenagers have less capacity for self-control, but
much greater capacity for selfimprovement, than adults. All of
this suggests that children should be sentenced differently than
adults and receive additional opportunities to demonstrate
change
1
JLWOP statistics
In 2012, approx. 2500 individuals were serving LWOP
sentenced they received as children
An additional 25,000 were serving virtual life sentences
A 50-year sentence for a 16-year old will cost upwards of $2.25
million.
The majority of these individuals are male (97%) and Black
(62%)
Significant risk factors
79% witnessed violence in their homes regularly
32% grew up in public housing
Fewer than half were attending school at the time of their
offense
47% were physically abused
80% of girls reported histories of physical abuse and 77% of
girls reported histories of sexual abuse
2. How did we get here?
Super-predator scare of the 1980s/1990s
Larry Miller, at 16 shot and killed another teenager in
Philadelphia in 1965
Sentence: 20 years
Abdul Lateef, at 16 participated in a robbery, which led to the
ultimate death of the victim, in 1985
Sentence: Life without parole
In reaction to the growth of drug- and gang-related activity in
the mid-1990s, lawmakers in Connecticut and nationally
responded forcefully but, in retrospect, misguidedly. The harsh
reforms were rooted in the popularization of the idea of the
“superpredator,” a supposed class of teenagers who were highly
violent, dangerous, and beyond redemption.19 Meanwhile,
public officials worried that gangs were recruiting children to
commit crimes because the juvenile justice system would not
punish them harshly.20 Public fear of juvenile crime coalesced
in claims that some children were so-called “Humpty Dumpty
children,” perceived to be broken beyond repair.21
3
Fates in limbo
Maryland’s juvenile lifers
https://youtu.be/nSYO-YtK96A
Children are different
In 2005, the Supreme Court held in Roper v. Simmons that
3. children who commit crimes under the age of 18 cannot be
executed
Graham v. Florida that children cannot be sentenced to life in
prison without the possibility of parole (“LWOP”) for non-
homicide crimes.
In 2012, the Court held in Miller v. Alabama that mandatory
LWOP sentences for children are unconstitutional
prevent the decisionmaker from taking into account the age and
diminished culpability of juvenile offender
In several recent decisions, the U.S. Supreme Court has
recognized that children are different from adults and must be
treated differently in criminal sentencing. Relying on scientific
studies about adolescent brain development, the Court has
emphasized that adult sentences are not appropriate for children
because youth are less culpable for their crimes and more
capable of change and rehabilitation.
5
Brain Science
Court concluded that developments in brain science and
psychology show “fundamental differences between juvenile
and adult minds
Adolescents do not have the same judgment and impulse control
as mature adults.
areas of the brain involving self-control and judgment continue
to develop throughout adolescence and are not completely
mature until the early to mid-twenties
teens are more impulsive, more emotional, more apt to be
influenced by others and by their environment, and less adept at
conceiving and taking into consideration longterm consequences
of their actions
Diminished culpability
4. children have diminished culpability and thus are “less
deserving of the most severe punishments
The Court observed that children’s “lack of maturity and
underdeveloped sense of responsibility lead to recklessness,
impulsivity, and heedless risk-taking
teens may play a secondary role in an offense and be influenced
by older peers or adults. T
Capacity to change
The Court also found that because of the differences between
the brains of children and adults, a “child’s character is not as
well formed as an adult’s” and his “traits are less fixed.”
The Court concluded that “[m]aturity can lead to that
considered reflection which is the foundation for remorse,
renewal, and rehabilitation” and juveniles “should not be
deprived of the opportunity to achieve maturity of judgment and
self-recognition of human worth and potential
Who are these children?
“[The day after his 17th birthday] my cousin got killed right in
front of me when I was 13 or 14 years old. . . . [That] hurt real
bad.” [I was so broke down afterwards that my mother called 9-
1-1, and the hospital] “did some tests, asked questions, and I
stayed a night or two. . . . That stuck with me. Made me feel
like guns would protect me, and I needed protection.”
Interview with Khairi
I’ve seen a lot of things—a guy got stomped on. Some things
I’ve seen are still scary but I’m able to deal with it better now.
You have to be careful, you’ve got to numb yourself to certain
things, you can’t walk around with your heart on your sleeve.”
Interview with Morris
Who are these children?
5. Children serving lengthy sentences often grew up in violent
environments
63% of juvenile lifers perceived their neighborhoods to be
unsafe
66% saw drugs sold openly in their home communities
54% witnessed acts of violence on at least a weekly basis
raised in severe poverty, and many were victims of neglect or
physical and sexual abuse in the home
80% witnessed violence in their homes; 50% experienced
physical abuse; and 20% were sexually abused
“My father died of AIDS when I was 12. I grew up with my
mom. He was in and out, picked me up twice a year if I was
lucky. Tried to bring toys on Christmas . . . tried to. I’m not
trying to speak bad about my mom, but she was on heroin.”
Interview with Devon
Who are these children?
Serious crimes committed by juveniles are often peer-influenced
and impulsive.
Sometimes, juveniles convicted of murder didn’t actually kill
anyone.
In a study conducted in Philadelphia, 75% of the convictions
were for felony murder
Nick is serving 38 years for felony murder, attempted robbery,
and conspiracy to rob, crimes he was convicted of committing
when he was 17. At trial, his co-participant testified that Nick
wanted to back out, but was coerced by his cousin who had been
drinking and ‘‘flipped”—pointing the gun at Nick and stating:
‘‘you’re not punking out on me now.” His cousin confessed to
being the shooter
. A felony murder charge requires only that the juvenile be
engaged in a felony (most often robbery), that someone died as
6. a result (even by accident), and that the juvenile had reason to
know that one of his co-felons was carrying a dangerous
weapon.44 All of the juveniles involved in a robbery-gone-
wrong, whether as a shooter, as a look-out, or as a back-up ride-
along, can be guilty of felony murder and subject to the same
murder sentence of 25 to 60 years, without the chance of parole.
Since juveniles often commit crimes in peer groups, felony
murder is a common charge.45
11
Lost in the adult system
A second significant category of juvenile crimes involves
retaliation for prior violence
Nyron received 30 years for manslaughter (after a plea) at age
14. The cycle of violence began when Nyron was stabbed at a
football game at age 13 and hospitalized. His 16-year-old
brother Jason later shot the 19-year-old stabber, and Nyron later
shot a 20-year-old in connection with the stabbing
Juveniles may mistrust their court-appointed lawyers and turn
for advice to fellow prisoners, or to family members who may
not have the facts or have not spoken to the attorney
They may be vulnerable to pleading guilty to charges that they
do not fully understand and to taking responsibility for conduct
that may not be theirs
Lost in the adult system
A juvenile may end up serving a longer sentence than a more
culpable adult because he rejects a plea offer and takes the case
to trial.
Other times, a juvenile may accept a plea deal without
understanding the actual consequences of the plea.
“The lawyer said I’d get 15-20 years. He didn’t tell me it was
going to be 40 years. I was under the impression I was doing 20.
Someone told me to write for a mittimus if I want to find out
how long I’m in for and it said 40 consecutive years and it
7. explained what consecutive meant. I was like, ‘40 years?’ . . . .
Six years [had] passed [since sentencing] before I found this
out.”
At the time juveniles are making critical decisions about their
cases, they are usually in custody, isolated from family and
support systems, and placed under considerable stress.
The first years in prison
Incarcerated children are especially vulnerable to mental health
conditions.
Adjustment to prison life is difficult for incarcerated children.
children often react by fighting or displaying other aggressive
behavior
Children with mental health needs are even more likely to have
difficulty controlling this behavior
Growing up in prison
Juveniles who receive long sentences spend many of their
formative years behind bars.
Prison programming is extremely limited for “lifers”
Stories of change
Acceptance of remorse
“I did an unforgiveable thing that hurt many people. This is a
responsibility I did not fully understand for many years. I am
now at a point in my life where I can understand it and own it.”
Engagement in programming and rehabilitation
“A program came up in the hospital for Certified Nurse’s
Assistants (CNA), and I was able to enroll in that. I worked
with people who were blind, people who couldn’t move
8. physically without someone moving them. I sat with them night
and day. People who couldn’t speak. I didn’t even know that
existed within the institution. . . . I heard stories that brought
me to tears. I prayed with them. I thought, ‘This is the time to
be a service.’ This hospital, this program was my blessing. I
need to be here. Everyone was able to see the change. It was
about helping everyone as a whole. Helping humanity.”
Future outside of prison: Philadelphia
Philadelphia has released over 200 juvenile lifers
Recidivism rate of 1.14%
75% are employed either part-time of full-time
Legislative reforms
The story of Pennsylvania’s juvenile lifers
https://youtu.be/Uepl-ZncKXY
Policing and juveniles
Chapter 7
In this chapter we will first take a look at the history of police
and juvenile relations, the evolution of community policing,
legal aspects of policing as related to juveniles, and police
discretion,.
9. 1
Role of police
Arresting youth
Processing delinquents and status offenders
Preventing juvenile delinquency
Protecting juveniles from victimization
History
19th century: increase in number of unemployed and homeless
youths
Wickersham Commission, IACP advocated police reform
Development of delinquency control squads
Vollmer (Berkeley): prevention programs and juvenile aid
bureaus, first organized special police services for youths
Iacp: Internation association for chiefs of police
3
History
1960s: increased tension between police and citizens
US Supreme Court ruled against police authority in a number of
cases restricting discretion
Civil unrest; police seen as oppressors
Increase in crime
Development of role in community awareness and crime
prevention
Recognized need for specialized juvenile programs by the 1980s
Prevention: Police Athletic League
Law enforcement: Juvenile Court, school policing
Child abuse, domestic violence, homelessness
10. Police roles
Juvenile officers
Operate within a police dept.
Former patrol officers who are sometimes provided specialized
training in
dealing with juveniles
Majority of the encounters end in informal outcomes, and are
for minor offenses
Role of peacekeepers and crime preventers
Role conflict between law enforcement role and rehabilitation
role
5
Controlling violent crime
Problem-oriented policing
Focusing on problems underlying juvenile delinquency
Address problems of community disorganization
Directed patrols in hot spots
Community Policing
Emphasize on reducing fear, organizing the community, and
maintaining order
The goal of police to help youth fits with this model
Advantages
Gives police more immediate information of criminal activity
Engage in proactive crime prevention
Increases police accountability to the public
Improves police public relationships
11. 6
Police practices, the law, and juveniles
Police and the law: Arrests
Law of arrest the same for adults and juveniles
Probable cause
Misdemeanor: police must observe crime
Felony: probable cause
Police have broader authority to take juveniles into custody,
generally
Otherwise must have a warrant
Police can “arrest” youths for status offenses such as truancy,
running away and alcohol use
Loco parentis (in place of parents)
Once arrested, formal safeguards of the 4th and 5th amendment
attach
4th amendment standards of search and seizure have been
determined to apply to juveniles
Police and the law: search and seizure
Same stop and frisk rule as for adults
Search after a legal arrest in the immediate area of the subject’s
control
For many young people, stops are a familiar and frequent
experience and also perceived to be unjustified and unfair.
44 percent of young people surveyed indicated they had been
stopped repeatedly—9 times or more.
Less than a third—29 percent—reported ever being informed of
the reason for a stop
Frisks, searches, threats, and use of force are common.
12. 71 percent of young people surveyed reported being frisked at
least once, and 64 percent said they had been searched.
45 percent reported encountering an officer who threatened
them, and 46 percent said they had experienced physical force
at the hands of an officer.
One out of four said they were involved in a stop in which the
officer displayed his or her weapon.
Impact of stop and frisk:
https://www.nytimes.com/2012/06/12/opinion/the-scars-of-stop-
and-frisk.html
9
Vera institute report
Trust in law enforcement and willingness to cooperate with
police is alarmingly low.
88 percent of young people surveyed believe that residents of
their neighborhood do not trust the police.
Only four in 10 respondents said they would be comfortable
seeking help from police if in trouble.
Only one in four respondents would report someone whom they
believe had committed a crime.
Young people who have been stopped more often in the past are
less willing to report crimes, even when they themselves are the
victims.
Each additional stop in the span of a year is associated with an
eight percent drop in the person’s likelihood of reporting a
violent crime he or she might experience in the future.
Half of all young people surveyed had been the victim of a
crime, including 37 percent who had been the victim of a
violent crime
13. Custodial interrogation
Miranda v Arizona put limits on police interrogations
In re Gault the Supreme Court held that Miranda applies to
juveniles as well
In 2011 the Supreme Court ruled that age is a factor and police
need to take care when questioning children in custody
Does a youth have the maturity to waive their Miranda rights?
Feld (2006) found that 80% of juveniles waive Miranda
Police use suggestive questioning with youth; minimized
Miranda warnings
Supreme Court examined the ways in which Miranda was
delivered and have concluded that even if “language was
slightly different” the juvenile should get the gist of it
Juvenile false confessions:
https://www.crimefreefuture.com/resources-defending-children-
court/due-process/
11
Police discretion
When should an officer arrest a youth? When should a summons
be issued? When should they let them go with a warning?
Use discretion to choose an appropriate course of actions; give
flexibility
Can result in discrimination
Leads to different results in similar situations
Majority of encounters with police don’t result in arrest
Study in 200 found that only 13% of encounters with police
result in a juvenile arrest
14. 12
Bias and police discretion
Racial bias
https://www.npr.org/2017/09/27/551864016/fewer-youths-
incarcerated-but-gap-between-blacks-and-whites-worsens
Police turn to formal interventions more often with Black youth
Broken windows policing, and stop and frisk contribute to
unfair treatment of African Americans
President’s Task Force on 21st Century Policing
Law enforcement needs to adopt procedural justice as a guiding
principle
Police agencies need to develop “clear and comprehensive”
polices on use of force
Police agencies need to emphasize community policing
13
New directions: law enforcement
Field interrogations
Foot patrol and neighborhood storefront police stations
Community mobilization programs (block watch, weed and
seed, Neighborhood Watch, neighborhood cleanups, etc)
Mentoring
Curfews
Afterschool programs