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Editorial: Throwing away the key

Should a juvenile be sent to prison for life for a crime that doesn't involve murder?

That's the question the U.S. Supreme Court is weighing in two cases before the panel.

It is hoped that the high court will conclude that sending a minor away for life for a non-homicide offense violates the Constitution's prohibition against cruel and unusual punishment.

Indeed, the court ruled in 2005 that juveniles can't be executed for a murder conviction. At the time, the court cited a "national consensus" against the practice, along with medical and social-science evidence that the brains of teenagers are still evolving and that they are too immature to be held accountable for their crimes to the same extent as adults.

"From a moral standpoint, it would be misguided to equate the failings of a minor with those of an adult, for a greater possibility exists that a minor's character deficiencies will be reformed," Justice Anthony M. Kennedy wrote in that 5-4 opinion for the court.

The same argument can be applied in considering whether a juvenile should be sent to prison for life. After all, isn't prison supposed to be about reform as well as punishment?

The United States already stands alone among developed countries in allowing such harsh penalties for juveniles.

In this nation, 111 people are serving life sentences for non-homicide crimes they were convicted of committing as juveniles. The large majority are in Florida.

Most of the juveniles who received life sentences had been bad actors. The crimes they committed were heinous and deserve tough punishment.

One case before the Supreme Court involves a 13-year-old boy convicted of burglarizing the home of a 72-year-old woman and returning later the same day to rape her. But that inmate has now been in prison for 20 years, and at age 33, he is said to be very different from the person he was at age 13.

If he and other juvenile convicts have matured, learned from their mistakes, and truly changed for the better, then why shouldn't they be eligible for parole consideration at some point?

Many academics and social scientists argue that juveniles can't be held responsible for their actions the same way as adults. Similar reasoning is applied in setting age limits for voting, drinking, and marrying.

The American Bar Association, the American Medical Association, and the American Psychological Association support giving juveniles a chance at parole.

So does former Sen. Alan Simpson (R., Wyo.), whose own life story is persuasive. As a youth, Simpson burned down an abandoned federal building and fought with a police officer. He said most juveniles convicted of terrible crimes may well remain locked up, but they at least deserve the possibility of a second chance.

"At some point, you have to look at them again and ask, 'What have you done with your life?' " Simpson said. Some will have a good answer.

Comments   
Posted 06:35 AM, 11/03/2009
tr88
Offer them parole after serving at least half of their sentence. Offer them that if they agree to a vasectomy.
Posted 07:05 AM, 11/03/2009
rojopa
So this 13 year old little thug didn't know he was doing wrong in the first place and we are to feel sorry for him? I think not. I'm in agreement with tr88.
Posted 07:35 AM, 11/03/2009
tr88
I would also add another condititon of parole. Since these parasites have been taking taxpayers money for most of their lives I would audit their paychecks to see if they are paying taxes and in what amount. No paycheck? Require them to do public labor at no cost until they find a job where they pay taxes.
Posted 07:39 AM, 11/03/2009
lettie
tr88, it's castration not a vasectomy that would be the way to help curb the inappropriate urge to rape. You might want to check the difference.
Posted 08:03 AM, 11/03/2009
tr88
Lettie, did you fail reading when you got your GED? I'm proposing VOLUNTARY VASECTOMY. The little savages don't have to agree to it.
Posted 09:31 AM, 11/03/2009
billreilly
Parole them all and send them to live with Harold Jackson....Is raping old ladies still a crime?
Posted 09:45 AM, 11/03/2009
Kevie Kev
Arson, assault leads to the US Senate. This is a great country!
Posted 10:13 AM, 11/03/2009
Allison C.
Young people are works in progress, and shoud not be banished to die in prison with out any review of their sentence, progress or growth. A special thank you to the Inquirer for highlighting this important case.
Posted 01:56 PM, 11/03/2009
psyrus
"One case before the Supreme Court involves a 13-year-old boy convicted of burglarizing the home of a 72-year-old woman and returning later the same day to rape her." --- OMG! So our hearts are meant to bleed for this rapist? The only reason his crimes in the future didn't escalate to murder was because HE WAS CAUGHT! Had he been allowed to continue his criminal ways he would have eventually killed one or more of his victims. Enough with the bleeding heart, rehabilitation already; crime and PUNISHMENT. Thank god they got this one before he could hurt more people.
Posted 03:40 PM, 11/03/2009
bottomline
Juveniles have brains which are not fully developed. It is the duty of the parents to embed socially acceptable traits into their developing brains. Unfortunately, some of these juveniles are just too dangerous to be free to do more harm, including to themselves, so they have to be institutionalized. Many of them will eventually develop an understanding of, and appreciation for the acceptable values that make our society workable. Therefore, I believe, those entering the prison system as juveniles, upon reaching adult status, deserve a chance to prove their social worthiness. Also, in the name of justice, I'm very concerned that the parent(s) who victimized their children and society by failing to raise their children properly, continue to go unpunished and continue to produce more children which will also become wards of the state. Shouldn't vasectomies for fathers and "tying" a mothers' tubes be applied to failing parents.
10 comments
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