Juvenile life without parole (JLWOP)

Question 1

JLWOP

Answer 1

-When a judge sentences a child 17 years old or younger to life in prison without the chance of parol
-Virtual” life without parole (LWOP) for juvenile offenders: long prison sentences that are so long that the person will spend the rest of their life in jai, sentences typically set at 40 years or more

Question 2

Arguments for JLWOP

Answer 2

-Public safety concerns and deterrent effect for potential offenders (remember that deterrence
doesn’t “work” with juveniles)
-Justice for victims and victim’s families
-Cases where juveniles have committed particularly violent crimes

Question 3

Arguments against JLWOP

Answer 3

-Adolescent brain development and capacity for change
-Rehabilitation potential for youth
-Moral and ethical considerations of sentencing juveniles to life without the possibility of release
-Arguments against JLWOP are winning

Question 4

Legal context

Answer 4

-Supreme court holds that “children are constitutionally different from adults in their levels of culpability” when it comes to sentencing
-Differences in maturity and accountability means it is cruel and unusual to sentence a child to life in prison

Question 5

CASES

Question 6

Adolescent devleopment

Answer 6

-Young people’s brains continue to mature until their early to mid 20s and adolescents’ brains are different from adults’ both structurally and in how they are influences by chemicals produced by the body
-Courts, agencies, and practitioners should use this knowledge to inform and maybe modify their practices and policies specifically with JLWOP and the ability to change

Question 7

Characteristics of juvenile with LWOP

Answer 7

-2012 survey of JLWOP:
-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
-77% of girls reported histories of
sexual abuse
-JLWOP has a disproportionate impact on youth of color
-Racial disparities in sentencing and representation in JLWOP cases
-Disparities in JLWOP based on the race of the victim
-White offenders half as likely to receive JLWOP in the case of killing an african american

Question 8

Current trends and reform efforts

Answer 8

-MI allows JLWOP but is taking steps to end this policy
-Supreme Court precedents curb
JLWOP sentences but do not guarantee release
-Supreme court holdings and the reforms passed in response to those holdings by state legislatures provide an opportunity for individualized review before a parole board or a judge for a new sentence, taking into consideration the unique circumstances of each defendant
-Sentencing project: 20 year maximum, applies to all people in prison