Submitted by crinadmin on
Law reform needed
All legal provisions authorising life imprisonment for crimes committed when the offender was under 18 should be repealed, and explicit prohibition of life imprisonment should be enacted.
Law reforms under way
Legislation
While little action has been taken to prohibit or discourage the imposition of life sentences with the possibility of release for offences committed under the age of 18, several measures that would reduce or prohibit the imposition of juvenile life sentences without parole have been introduced:1
Federal
Legislation to prohibit juvenile life imprisonment without parole was first introduced in the House of Representatives in 2007, but failed to pass.2 Another bill to the same effect was introduced in May 2009, but has yet to gain the support of the President or reach the House floor to be voted on.3
California
At the urging of human rights and juvenile justice focused organisations4, the California Senate passed a bill that would abolish sentences of juvenile life imprisonment without parole in June 2009.5 The bill cleared the California Assembly's Public Safety Committee in January 2010 and the Assembly Appropriations Committee in June 2010, but failed by two votes before the full Assembly.6 In December 2010, a new bill that would abolish sentences of juvenile life imprisonment without parole was introduced in the California Senate.7 The bill passed the Senate in June 2011 and was sent to the California Assembly for review.
Colorado
Colorado abolished sentences of juvenile life imprisonment without parole in 2006, although the law was not applied retroactively and thus leaves sentences of life imprisonment without parole intact for juvenile offenders already incarcerated at the time the law was passed.8
Michigan
In 2009, a package of bills that would prohibit sentencing juvenile offenders to life imprisonment without parole was introduced in the Michigan House of Representatives.9 Hearings on the bills were conducted by the Michigan House Judiciary Committee, but the bills have yet to reach the floor to be voted on.10 In 2008, a similar package of bills passed the House but stalled in the State Senate.11
Nebraska
In January 2011, a bill was introduced in the Nebraska Legislature to provide an opportunity for children convicted of murder and sentenced to life imprisonment without parole to have their cases reconsidered.12
Oregon
In Oregon, where sentences of life imprisonment without parole are already prohibited for juvenile offenders, Second Look legislation was introduced in 2009 to give children tried and convicted as adults an opportunity to go back before a judge after serving half of their sentences.13 The bill received a hearing before the Oregon Senate Judiciary Committee, but was not moved to a vote.14
Pennsylvania
In 2009, a bill that would abolish sentences of juvenile life imprisonment without parole was introduced in the Pennsylvania House of Representatives.15 A hearing on the bill was conducted in August 2010 by the Pennsylvania House Judiciary Committee16, but the bill has not yet been put to a full vote.
Texas
Texas abolished sentences of juvenile life imprisonment without parole in 2009.17 However, as the maximum age for juvenile court jurisdiction in Texas remains at 16, 17 year-olds are considered adults for the purposes of criminal law and may still be sentenced to juvenile life imprisonment without parole.
Other States
There are reports of planned or draft legislation to prohibit sentences of life imprisonment without parole for juvenile offenders in a number of other states, including Florida, Illinois, Iowa, Louisiana, Maryland, Massachusetts, and Washington.18
Judicial challenges
In the wake of the recent Supreme Court decision effectively abolishing sentences of life imprisonment without parole for juvenile offenders convicted of non-homicide offences, a number of legal challenges have been mounted seeking similar relief for juvenile offenders convicted of homicide-related offences, including:
Alabama
The Federal Appeals Court for the 11th Circuit was as of May 2011 considering an appeal filed on behalf of an Alabama juvenile offender sentenced to life imprisonment without parole for murder. The appeal argues that sentences of life imprisonment without parole are unconstitutional when imposed on juvenile offenders.19
Arkansas
The Arkansas Supreme Court was as of May 2011 considering an appeal filed by a juvenile offender convicted as an accomplice in a felony-murder and sentenced to life imprisonment without parole.20
Pennsylvania
As of May 2011, arguments have been in advanced in several Pennslyvania courts that all sentences of life imprisonment without parole imposed on children are unconstitutional under the Federal and Pennsylvania Constitutions as well as a violation of international law.21
Wisconsin
In September 2010, the Wisconsin Supreme Court agreed to review a case relating to the constitutionality of a sentence of life imprisonment without parole imposed on a 14 year-old for a homicide-related offence.22
International advocacy
In 2006, The American Civil Liberties Union filed a petition23 with the Inter-American Commission on Human Rights alleging that sentences of life imprisonment without parole for juvenile offenders violate the United States' obligations under the Declaration on the Rights of Man and universal human rights principles.24 It appears that the petition remains pending as a decision has not yet been reached on the matter.25
In 2009, a number of prominent national and international NGOs authored a letter to the United Nations Committee on the Elimination of Racial Discrimination to highlight the widespread use of juvenile life imprisonment without parole sentences and its disparate racial impact.26
National campaigns
There are well-established national campaigns seeking to end the practice of sentencing juveniles to life imprisonment, particularly life imprisonment without the possibility of release. Among others, these campaigns include:
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The American Civil Liberties Union (ACLU) section on Juvenile Justice.27 As a part of its ongoing juvenile justice project, the ACLU has heavily lobbied state and federal legislatures for sentencing reform and mounted individual challenges to juvenile life sentences without parole imposed in state courts.28
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The Campaign for the Fair Sentencing of Youth.29 The Campaign is committed to ending the practice of sentencing children to life without parole and works to assist state and federal activists across the country seeking juvenile justice reform.
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The Equal Justice Initiative's Campaign on Death in Prison for 13 and 14 Year-Old Kids.30 The Initiative runs a litigation campaign that challenges sentences of life imprisonment without parole imposed on young children, and is also working to build public support for legislative reform on the issue.
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The Human Rights Watch United States Program on Excessive Punishments and Restrictions.31 Together with Amnesty International, Human Rights Watch published a report detailing the practice of sentencing children to juvenile life imprisonment without parole across the country.32
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The Juvenile Law Center.33 The Center has argued that sentences of life imprisonment without parole imposed on juvenile offenders are unconstitutional in a number of recent cases, and has also supported state-level legislation to abolish these sentences.34
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The Sentencing Project.35 As a part of its advocacy campaign for sentencing law and practice reform, the Sentencing Project published a report on the rising use of life sentences in the United Statesn in general and as imposed on juveniles.36
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The University of San Francisco School of Law's Project to End Juvenile Life Without Parole.37 The School has, among other things, published a report detailing the availability and use of juvenile life imprisonment without parole sentences around the world and in the United States.38
1 For up to date information on state juvenile justice bills, visit the National Conference of State Legislatures' searchable Juvenile Justice Bill Tracking Database at http://www.ncsl.org/?tabid=12686.
2 HR 4300.
3 HR 2289, available at http://thomas.loc.gov/cgi-bin/bdquery/z?d111:h.r.02289:.
4 In May 2010, Human Rights watch called on the California Assembly to pass SB 399 following on their report on juvenile offenders serving life without parole in the state in 2008. For more information, see http://www.hrw.org/en/news/2010/05/17/california-pass-law-review-youth-sentences or read the report, When I Die They'll Send Me Home : Youth Sentenced to Life Without Parole in California, at http://www.hrw.org/en/reports/2008/01/13/when-i-die-they-ll-send-me-home.
5 This bill, SB 399, was co-sponsored by a number of national and state-level NGOs, including advocacy groups, universities, and faith-based organisations. For a complete listing, see the California Senate's May 2009 bill analysis: http://info.sen.ca.gov/pub/09-10/bill/sen/sb_0351-0400/sb_399_cfa_20090602_144120_sen_floor.html; for the full text of the bill, visit http://www.fairsentencingforyouth.org/legislation/sb399-text/.
6 See National Center for Youth Law, Fair Sentencing for Youth Act Loses by Just Two Votes, Youth Law News July – September 2010, available at http://www.youthlaw.org/publications/yln/2010/july_sept_2010/fair_sentencing_for_youth_act_loses_by_just_two_votes/.
7 See Senate Bill 9 – California Fair Sentencing for Youth, available at http://www.fairsentencingforyouth.org/legislation/senate-bill-9-california-fair-sentencing-for-youth/. For the full text of the bill, visit http://www.fairsentencingforyouth.org/wp/wp-content/uploads/2011/02/sb_9_bill_introduced.pdf; for up-to-date information on the status of the bill, visit http://ca.opengovernment.org/sessions/20112012/bills/sb-9.
8 For the text of the bill abolishing sentences of juvenile life without parole, HB 06-1315, visit http://www.jdaihelpdesk.org/Docs/Documents/cohblwop.pdf.
9 HB4594, HB4595, HB4596, and HB4518. For the text of these bills, visit http://www.legislature.mi.gov/%28S%2855cjjuy13cmfkdqt2qz0xm45%29%29/mileg.aspx?page=Bills.
10 See ACLU Applauds Supreme Court Limits On Cruel Juvenile Sentences, Encourages Michigan To Follow Suit, available at http://www.aclumich.org/issues/criminal-justice/2010-05/1442. The ACLU of Michigan has also published a report on juvenile offenders serving life without parole in the state, Second Chances : Juveniles Serving Life Without Parole in Michigan, available at http://www.aclumich.org/sites/default/files/file/Publications/Juv%20Lifers%20V8.pdf.
11 See ACLU of Michigan Cheers State House Passage of Juvenile Justice Bills, available at http://www.aclumich.org/issues/due-process/2008-12/1308.
12 LB 202. For the full text of the bill, visit http://nebraskalegislature.gov/FloorDocs/Current/PDF/Intro/LB202.pdf; for up-to-date information on its progress, visit http://nebraskalegislature.gov/bills/view_bill.php?DocumentID=11718. See also, Nebraska Democrats, Spotlight on Nebraska Legislature: LB 202/203 – Giving kids a second chance at life, available at http://www.nebraskademocrats.org/blog/3227/spotlight-on-nebraska-legislature-lb-202-203-giving-kids-a-second-chance-at-life.
13 SB 682. For the full text of the bill, visit http://www.leg.state.or.us/09reg/measpdf/sb0600.dir/sb0682.intro.pdf.
14 See Partnership for Safety and Justice, Second Look: The 2009 Legislative Session and Beyond, at http://www.safetyandjustice.org/spotlight/1482.
15HB1999. For the text of this bill, visit http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2009&sind=0&body=H&type=B&BN=1999.
16 The testimony of the Juvenile Law Center on Pennsylvania House Bill 1999 is available at http://www.jlc.org/images/uploads/JLC_Schwartz_HB_1999_aug_4_2010_jlwop.pdf.
17 For the text of the bill abolishing sentences of juvenile life without parole, SB 839, visit http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB839.
18 See National Center for Youth Law, National Campaign to End Juvenile Life Without Parole, available at http://www.youthlaw.org/juvenile_justice/6/national_campaign_to_end_juvenile_life_without_parole_copy_1/;
Human Rights Watch, California : Pass Law to Review Youth Sentences, available at http://www.hrw.org/en/news/2010/05/17/california-pass-law-review-youth-sentences.
19 See Appeals Court weighs life sentences for juveniles, available at http://www.macon.com/2011/05/11/1556920/fed-court-considers-life-sentences.html.
20 Lemuel Session Whiteside v. State of Arkansas. For more information on the appeal, see http://www.jlc.org/litigation/lemuel_session_whiteside_v._state_of_arkansas/; for up-to-date information from the Arkansas Supreme Court, visit http://courts.state.ar.us/dockets/docket_info.cfm?case_number=CR%2010-1200.
21 See, e.g., Commonwealth of Pennsylvania v. Aaron Phillips; Commonwealth of Pennsylvania v. Qu'eed Batts. More information is available from the Juvenile Law Center at http://www.jlc.org/litigation/commonwealth_of_pa_v._aaron_phillips/ and http://www.jlc.org/litigation/commonwealth_of_pennsylvania_v._queed_batts/, respectively.
22 State v. Ninham, Supreme Court case number 2008 AP 1139. Up-to-date information on the status of this case can be found at http://wicourts.gov/.
23 A copy of the petition as filed is available at http://www.law.columbia.edu/null/download?&exclusive=filemgr.download&file_id=15629.
24 For further information, see Children Sentenced to Life Without Parole Bring Plea To Human Rights Body, Press Release, available at http://www.aclu.org/racial-justice_drug-law-reform_immigrants-rights_womens-rights/children-sentenced-life-without-parol. Following the United States response to the petition, the ACLU filed additional observations in cooperation the Human Rights Clinic at Columiba University Law School, available at http://www.law.columbia.edu/null/download?&exclusive=filemgr.download&file_id=151210.
25 Visit the Inter-American Commission's website for case updates at http://www.cidh.oas.org/casos.eng.htm.
26 Letter from United States and international human rights organizations to the Committee on the Elimination of Racial Discrimination re: Clarifications on Juvenile Life Without Parole Sentences: Information Presented by the United States in its Response to CERD's Recommendations, available at http://www.aclu.org/files/pdfs/humanrights/jlwop_cerd_cmte.pdf.
27The ACLU Juvenile Justice Project's website is available at http://www.aclu.org/racial-justice/juvenile-justice ; an issue-specific page can be found at http://www.aclu.org/human-rights_racial-justice/end-juvenile-life-without-parole.
28Among other things, the ACLU has released a report on juveniles serving life without parole sentences in Michigan entitled Second Chances : Juveniles Serving Life Without Parole in Michigan Prisons (2006), available at http://www.aclu.org/human-rights/second-chances-juveniles-serving-life-without-parole-michigan-prisons.
29 The Campaign for the Fair Sentencing of Youth's website is available at http://www.endjlwop.org/.
31 The website for Human Rights Watch's United States Program on Excessive Punishments and Restrictions is available at http://www.hrw.org/en/united-states/us-program/excessive-punishment-and-restrictions.
32 The Rest of Their Lives : Life Without Parole for Child Offenders in the United States (2005), available at http://www.hrw.org/en/reports/2005/10/11/rest-their-lives. The figures in this report were later updated in State Distribution of Youth Offenders Serving Juvenile Life Without Parole (2009), available at http://www.hrw.org/en/news/2009/10/02/state-distribution-juvenile-offenders-serving-juvenile-life-without-parole.
36 No Exit : The Expanding Use of Life Sentences in America (2009), available at http://www.sentencingproject.org/detail/publication.cfm?publication_id=280&id=106.
38 Connie de la Vega and Michelle Leighton, Sentencing our Children to Die in Prison: Global Policy and Practice (2007), University of San Francisco Law Review, Vol. 42, p. 983, available at http://www.usfca.edu/law/docs/sentencing_our_children.