BILL TO END LIFE SENTENCES FOR JUVENILES REINTRODUCED
For original article, click here.
December 14, 2010
SENATE Bill 9, a legislation that will end life sentences for
juvenile offenders, was introduced by Senator Leland Yee (D-San
Francisco). Under the bill, courts could review cases of juveniles
sentenced to Life Without Parole (LWOP) after 10 years. This
potentially would allow some individuals to receive a new minimum
sentence of 25 years to life. The bill would require the offender to be
working towards rehabilitation in order to submit a petition for
consideration of the new sentence.
In an earlier attempt, Yee
introduced SB 399, which was approved with bipartisan support in the
Senate but died during the final days of session in the Assembly.
Outside of the United States, no other country allows children to be
sentenced to LWOP. In California, there are approximately 275 people
serving LWOP for crimes they committed as kids.
“There is clearly a
growing understanding that sentencing kids to life without the
possibility of parole is wrong and I am hopeful that with a new class of
Assemblymembers we can pass this bill in 2011,” said Yee.
Supported
by child advocates, mental health experts, civil rights groups,
churches and correctional officers, Yee believes that SB 9 reflects the
science of the process of brain maturation of an adolescence and “thus
(their) impulse control, planning and critical thinking skills are not
yet fully developed.”
“SB 9 reflects that science and provides the
opportunity for compassion and rehabilitation that we should exercise
with minors. SB 9 is not a get-out-of-jail-free card; it is an
incredibly modest proposal that respects victims, international law, and
the fact that children have a greater capacity for rehabilitation than
adults,” added Yee.
Prosecutors and judges have discretion on
whether to pursue LWOP for juveniles. However, several cases call such
discretion into question.
In a report published by the Human
Rights Watch, it was found that in many cases where juveniles were
prosecuted with an adult for the same offense, the youth received
heavier sentences than their adult codefendants.
It was also
found out that LWOP is not reserved for children who commit the worst
crimes or who show signs of being irredeemable criminals. Nationally,
it is estimated that 59% of youth sentenced to LWOP had no prior
criminal convictions. 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, such as a robbery, 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.
Each new youth offender given this sentence will
cost the state upwards of $2.5 million. To continue incarcerating the
current population of youth offenders already sentenced to life without
parole until their deaths in prison will cost the state close to $700
million.
(LA Weekend Dec 11-14, 2010 Sec A p.1)