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Bill to End California Sentencing of Minors to Life Without Possibility of Parole Receives Boost from New Report

When-I-Die-They'll-Send-Me-.gif By Frank D. Russo

It is shocking to learn in a report just released by a respected international human rights group that California has 227 people who were age 14 to 17 when they committed crimes and were sentenced to life without parole while there are only seven such individuals outside of the United States. On January 28, the full California State Senate will vote on SB 999 by Senator Leland Yee to end sentencing children to life without parole, a practice outlawed in most of the world.

We are not alone when compared with other states in our country which has at least 2,380 people serving life without parole for crimes they committed when they were under the age of 18. But the modern trend is to eliminate this practice. Nationally, eleven jurisdictions have prohibited this sentence including New York, Colorado, and the District of Columbia. Other states are considering reforms or have efforts underway to eliminate the sentence, including Arkansas, Florida, Illinois, Iowa, Louisiana, Massachusetts, Michigan, Nebraska, and Washington. The oldest human rights treaty to which the US is a party, the International Covenant on Civil and Political Rights, prohibits this sentence.

Yee, who is a child psychologist, told a press conference yesterday that: “Children have an extraordinary capacity for rehabilitation. The neuroscience is clear; brain maturation continues well through adolescence and thus impulse control, planning, and critical thinking skills are still not yet fully developed. SB 999 reflects that science and provides the opportunity for compassion and rehabilitation that we should exercise with minors.”

He faces an uphill battle to pass SB 999 because it must receive a two-thirds vote of both houses, meaning that he needs Republican votes. It passed out of the Senate Public Safety Committee on a straight party line vote of 3 Democrats in favor and 2 Republicans opposed. To pass the Senate floor, even if all 25 Democrats support the bill, it still needs at least 2 of the 15 Republicans in that body to vote for it. There is opposition from District Attorneys and law enforcement.

Hopefully Senators will read and consider the Human Rights Watch 100-page report, “When I Die, They’ll Send Me Home: Youth Sentenced to Life without Parole in California,” that was released yesterday. A number of those sentenced to life without parole for crimes committed at ages 14 to 17 were painstakingly interviewed for this report and facts cross checked for accuracy. The analysis draws on records from the California Department of Corrections and Rehabilitation and findings from a Human Rights Watch survey of more than half of all youth serving the sentence.

Among the findings of the report that need to be weighed in decisions California lawmakers will be making are the following:

• In many cases where juveniles were prosecuted with an adult, the youth received heavier sentences than their adult codefendants.

• Despite popular belief to the contrary, life without parole is not reserved for children who commit the worst crimes or who show signs of being irredeemable criminals. Forty-five percent of California youth sentenced to life without parole for involvement in a murder did not actually kill the victim. Many were convicted of felony murder, or for aiding and abetting the murder, because they acted as lookouts or were participating in another felony when the murder took place.

• California also has the worst record in the nation for racial disparity in the imposition of life without parole for juveniles. African American youth are serving the sentence at a rate that is 18 times higher than the rate for white youth, and the rate for Hispanic youth is five times higher.

• To continue incarcerating the current population of child offenders already sentenced to life without parole until their deaths in prison will cost the state approximately half a billion dollars. Since 1990, California has spent between $66 million and $83 million on incarcerating child offenders sentenced to life without parole. Each new child offender given this sentence will cost the state upwards of $2.5 million.

• If they do earn release after 25 years or more, they are statistically unlikely to commit a new crime of any type. Prisoners released after serving a sentence for a murder have the lowest recidivism rate of all prisoners.

Yee has pointed out a sobering thought: “Life without parole means absolutely no opportunity for release. It also means minors are often left without access to programs and rehabilitative services while in prison. This sentence was created for the worst of criminals that have no possibility of reform and it is not a humane way to handle children. While the crimes they committed caused undeniable suffering, these youth offenders are not the worst of the worst.”

This was echoed by one of the authors of the report, Elizabeth Calvin, a children’s rights advocate at Human Rights Watch: “Sentencing children to life without parole means they will die in prison, without the possibility of a second chance at life,” said “The public can be kept safe without locking children up forever for crimes committed when they were too young to vote, drink, or even drive.”

Calvin said: “As a society we’ve learned a lot since the time we started using life without parole for children. We know now that this sentence provides no deterrent effect. While children who commit serious crimes should be held accountable, public safety can be protected without subjecting youth to the harshest prison sentence possible. This bill would punish youth but give them the opportunity to prove they have turned their lives around.”


SB 999, “The California Juvenile Life Without Parole Reform Act,” would amend the law so that children would receive a sentence of twenty-five years to life in prison instead of being sentenced to life without the possibility of parole. The child offender would not have the opportunity to request parole until he or she had served twenty-five years in prison. At that time there would be no presumption of release. The parole board would consider the request and determine whether the individual deserved to be released or should remain in prison, which may continue to be for life.

“California’s juvenile sentencing laws can certainly be made more just,” said Yee. “Sentencing youth who commit horrible crimes to life in prison is one thing, but prohibiting even some cases from the possibility of parole is plainly unacceptable.”

The bill has the support of a number of groups including the California Psychiatric Association and the California Conference of Catholic Bishops.

Javier Stauring, speaking for the Archdiocese of Los Angeles, asked: “As a society, can we really decide that a sixteen year old is absolutely unredeemable?” He then pointed out, “That’s what a life without parole sentence does—there is no chance for redemption, no real opportunity for rehabilitation.”

Posted on January 15, 2008

Comments

I can't help but wonder who ever voted for these kinds of punishments. What kind of people have Americans become that we would ever think this law was right. WHO ARE YOU PEOPLE?

For such a progressive population we have some of the most draconian laws when it comes to crime and punishment. Can one honestly look at a 14-17 year old and believe that he has the mind development of an adult.

Anyone who has a teenager should be shaking their heads in disbelief that we allow these kinds of things to happen in our country and in our state. I am embarrassed by what we have allowed politicians to create on our behalf. They don't speak for me. I don't think many speak for anyone but their own beliefs.

Republicans need to have the tough on crime soap box kicked out from under them. They think they know what we want. I am Republican of 35 years and am considering leaving the party along with many members of my family this year. They are completely out of touch on crime and punishment. We need complete reform through all our penal laws and punishments. It's costing us billions of dollars a year and an infinite amount in human toll.

REPUBLICAN LEGISLATORS, you are losing your base because of your narrow minded draconian views. Join the human race!

Posted by: Morris1 at January 15, 2008 09:40 AM

I am appalled. California has become worse than a third world country.

To Quote:
"He faces an uphill battle to pass SB 999 because it must receive a two-thirds vote of both houses, meaning that he needs Republican votes".

If we don't have at least two-third of our representatives that can see two inches past their nose, they need to be recalled.

This is past inhuman.

Posted by: Judeca at January 15, 2008 10:25 AM

Thank you so much for highlighting this horrible situtation. Concerning all punisment issues, we must use reasonablness and have compassion.

Posted by: Barbara at January 16, 2008 09:23 PM

I wonder how many people know that Life Without Parole for these kids also means they are denied access to education and many other services - for life! Couple the conviction of youths with the fact that many are poor and do not receive an adequate defense and fair trial, then how can we in good conscience lock so many up FOREVER then treat them as if they are not human.

There was a panel held last October in California: CALIFORNIA COMMISSION ON THE FAIR ADMINISTRATION OF JUSTICE: Minutes of Commission Public Hearing on Remedies for Wrongful Conviction. If you read this you will find that not only are there systemic problems leading to wrongful convictions, but it is a near impossible battle to right those wrongs. The tide is changing, but many prosecutors do not belong in our juvenile justice system, they are too willing to jump on the bandwagon of demonizing teens and help get sentences for those teens that are harsher than adults receive.

Posted by: chris lawrence at January 27, 2008 09:31 AM

The Convention on the Rights of the Child is the most widely accepted human rights treaty - of all the United Nations member states, only the United States and the collapsed state of Somalia have not ratified it. Life without Parole is a death sentence for children. Adult prison can be a death sentence for youth. Please listen to "If I Get Out Alive, narrated by Diane Keaton,http://www.lcmedia.com/getout.htm No child under the age 18 should be tried and sentenced as an adult. To me placing youth under the age 18 in an adult prison with hardened criminals is state sanctioned child abuse. Senator Yee has proposed this bill. It is a beginning to reform the system and I urge everyone to support this bill. I would urge that it be made retroactive. Personally, I think 25 years is too much. I believe rehabilitation within the juvenile justice system would better serve those under age 18. Many are first-offending youth committing a crime who have never been in trouble before, many have suffered horrific abuse within the family, they have suffered horrific bullying in school, they have learning disabilities or mental illness so why would we want to try them as an adult and send them to adult prison where abuse may continue? Please go sign this petition, http://www.thepetitionsite.com/takeaction/429258617

Posted by: patricia at January 27, 2008 12:22 PM

If more folks knew about these laws (probably passed in the middle of the night so no one knows about them), they would be against it. These lawmakers should be ashamed of themselves. Sentencing children (many first, time non-violent offenders with poor defense counsel) to a dismal and cruel life in a cage is beyond anyone's imagination. We need to put a stop to this. I don't think 25 years is a good solution, only a half measure and half measures never work. To a child, 25 years on prison is a lifetime and will only be unable to function upon release. Juveniles need to be in juvenile court where there are services and rehab tailored to their specific needs with the goal of turning their life around and helping them become productive members of society. Juveniles are amenable to treatment and in America we have the most qualified and educated people and professionals to work with them, but we chose to spend the money on building prisons and fueling the prison industrial complex rather than paying professionals to do what they are trained to do. Help these kids. It would be less expensive in the long run and we wouldn't be throwing young lives in the garbage and adopting third world punishments (why don't we flog them in the public square first like they do in Iran before they hang them). Treating children the way we do sentencing them to a hopeless life in prison with no hope, chance at redemption or reason to live diminishes us as human beings. It is a living death sentence. It is cruel.

Posted by: Pamela Kulig at January 27, 2008 03:49 PM

If more folks knew about these laws (probably passed in the middle of the night so no one knows about them), they would be against it. These lawmakers should be ashamed of themselves. Sentencing children (many first, time non-violent offenders with poor defense counsel) to a dismal and cruel life in a cage is beyond anyone's imagination. We need to put a stop to this. I don't think 25 years is a good solution, only a half measure and half measures never work. To a child, 25 years on prison is a lifetime and will only be unable to function upon release. Juveniles need to be in juvenile court where there are services and rehab tailored to their specific needs with the goal of turning their life around and helping them become productive members of society. Juveniles are amenable to treatment and in America we have the most qualified and educated people and professionals to work with them, but we chose to spend the money on building prisons and fueling the prison industrial complex rather than paying professionals to do what they are trained to do. Help these kids. It would be less expensive in the long run and we wouldn't be throwing young lives in the garbage and adopting third world punishments (why don't we flog them in the public square first like they do in Iran before they hang them). Treating children the way we do sentencing them to a hopeless life in prison with no hope, chance at redemption or reason to live diminishes us as human beings. It is a living death sentence. It is cruel.

Posted by: Pamela Kulig at January 27, 2008 03:50 PM

I have seen the difference in several kids in the california system! They have bettered themselves,have worked hard to become productive an in the whole deserve to be released.
To keep them entombed in those hell holes you call prisons is a crime unto itself! Bothe of these kids would in my estimation become productive members of society
These kids know that they have done wrong,are ready to make amends an should be given the second chance that both of them deserve!

Posted by: james thom at January 28, 2008 04:12 PM

Let's put it this way - how would you like one of these "kids" to be let out at 18 and moved in next door to you? And your kids? Would you be worried while you are not at home?

Allow me to remind you of the top four reasons why a minor might be tried as an adult in CA:

Murder and attempted murder,
Setting fire to a building with people in it,
Robbery with a weapon
Rape

Enjoy your new neighbors. Hope you your kids make friends while you are away at work.

Personally, I am actually supportive of rehabilitative efforts. But all too often, especially given CA's overcrowded prison system, these "kids" will be let out as soon as they turn 18.

Posted by: Kevin Ciao at May 21, 2008 09:58 AM

To call that bill an improvement is outrageous. A child can still be sentenced 25 years to life? A minimum of 25 years? The weaker ones will be dead by then or so traumatized they'll have a hard time making it. The stronger ones will be meaner. What has happened to the U.S.?

Posted by: Sally O'Boyle at May 19, 2009 01:45 PM

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