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Monday, May 5, 2014

Can Juvenile Delinquents Deserve Life Sentences?

The US Supreme Court, following a ruling that outlawed the execution of juveniles and life in prison without parole, has recently ruled that it is unconstitutional to impose mandatory life sentences without parole on juveniles in murder cases. The Court found that such a ruling constitutes cruel and unusual punishment. Interestingly, the clip (link below) points out that the US is the only country that imposed life in prison sentences upon children. This ruling could reopen sentencing for approximately 2,000 juveniles. I fully support this ruling: I cannot imagine having the rest of my life decided upon my actions as a child or teen. While some may fear that eliminating this mandatory minimum will prevent less of a deterrent for crime, they should consider the role of judicial discretion in sentencing and of the parole board in granting parole. This ruling marries the flexibility of sentencing with the ability of the judge and parole board to use their discretion to best protect the community. Ultimately, I believe this ruling will help a vast number of people.  


The Massachusetts Supreme Court took recently US Supreme Court ruling even further, outlawing life without parole for juveniles. This is the first ruling to find that life without parole for juveniles based upon the finding that it is unconstitutional under the state constitution. After 15 years of incarceration, juveniles must come before parole board, which will decide if the individual has indeed grown up and been successfully rehabilitated. There is a retroactivity element, and all persons who were sentenced in this way will be scheduled for hearings before the parole board. The parole board will take into account the person’s age when offense was committed and consider the rehabilitation the individual has made in the time since. 62 old cases will be reviewed under this new ruling.

Concerning juveniles convicted of murder, they would receive a parole hearing in a minimum of 15 years. New legislation clarifies that a Judge may decided the amount of time in which the defendant is eligible for parole to be a minimum of 15 years or a maximum of 25 years. Given that judges and parole boards would remain t have discretion over when parole was available and if parole was to be granted, I believe wholeheartedly that this is a small step in the right direction. I find myself morally opposed to mandatory minimum sentencing laws, and this new ruling regarding juvenile justice would allow for the consideration of mitigating circumstances in sentencing. When considering the age of the offenders when the crime is committed, mitigating circumstances must be considered before sending someone to die in prision when they haven’t even lived a quarter of their life yet. I have complete faith that this ruling will allow more flexible sentencing for juveniles who do not deserve to die in prison, while also allowing the discretion of the parole board to protect the community from those that are unable to be rehabilitated. 



For more on this subject, check out:

                                                                                                                                                               

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