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Juvenile Punishment

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Life without parole is the harshest punishment given to juvenile delinquents. Since minors are still developing, it is argued that life without parole is only used as punishment for extenuating circumstances such as felony homicide. The Supreme Court has ruled that it is unconstitutional to give life without parole to juveniles that commit “non-homicide” crimes (Kaiser 2012). In a recent Supreme Court ruling, a 5-4 vote opposed the mandatory sentencing of life without parole for children ages 18 and under (Savage 2012). This means that state laws need to take age and the nature of the crime into consideration before issuing a life sentence without the possibility of parole. Because of the harsh permanent nature of this punishment, other alternative sentences should be considered when handling juvenile cases. Life without parole should only be used as a last resort based on the individual case.
Criminal sentencing is based on the “moral wrong committed” and the debt owed to society (Kaiser 2012). The basis of the law is to gain retribution for the actions, deter future crimes and to rehabilitate existing inmates (Kaiser 2012). Ideally the thought of life without the possibility of parole should be enough to deter anyone from doing a heinous crime. However, many of the prison cells are occupied by inmates with no possibility of parole. This penalty is setting a moral example by making sure that the person is unable to commit the offense again and to decrease the likelihood of similar crimes.
Because juveniles are still developing their social identities, their mental capacities, and their responsibilities, their crimes should be prosecuted differently from adult crimes. According to the U.S. Supreme Court Justice Anthony M. Kennedy, "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” (as cited in Hudson, 2009). It is expected that adults would have a better moral conscious and be more responsible about their actions, whereas juveniles are still learning and gaining life experience. Most recently, the Supreme Court has reviewed two existing life without parole juvenile cases to determine the constitutional rights of this penalty. According to the Supreme Court, sentencing a juvenile to a crime that only has mandatory life without parole as the penalty is considered unconstitutional and violates the 8th amendment of cruel and unusual punishment (Savage 2012). States can still use life sentences as a form of punishment for juveniles based on the age and facts of the crime; however the sentencing cannot be an automatic punishment of life without parole for any crime for minors under the age of 18. The first case that was reviewed by the Supreme Court was the case of Kuntrell Jackson. When Jackson was 14, he and two other older boys decided to rob a clerk at a local convenience store. Even though Jackson was the “lookout” for the other two boys, and did not actively commit the murder by pulling the trigger of the gun, he was charged with aggravated robbery and capital murder (Savage 2012). Jackson was sentenced to life without parole and given this sentence because it was mandatory punishment for his crimes. The second case that was reviewed by the Supreme Court was the case of Evan Miller. When Miller was 14, he and his friend went to a neighbor’s house to buy some drugs. They decided to set the neighbor’s home on fire, thus charging the teens with murder (Savage 2012). Miller also received the same punishment of life without parole. The review on both cases determined that life without parole is appropriate when states are given the choice to look at all factors in determining the sentence of juveniles. The court system is not abolishing this form of punishment; however they want the states to consider all of the evidence and the age of the teens. The rationale for life without parole is that it can be given as a penalty provided there are other options available and it is not mandatory for the crime. According to Stimson (2009), adolescents should be held accountable for their actions by having a sentence that fits the crime. “Life without parole for the very worst juvenile offenders is reasonable, constitutional, and (appropriately) rare” (Stimson 2009). Many activists against the constitutionality argue that the penalty does not have to be used based on the fact that other countries do not support or use as a form of punishment. However, “in one recent year, juveniles committed as many violent crimes in the United States as in the next seven highest countries combined” (Stimson 2009). Provided that this penalty is used very rarely and only for extreme cases of criminal activity, it is justifiable to have life without parole as a sentencing option. It has been argued by many that since adolescents are still developing their maturity levels and mental capacities, that it is reasonable to think that rehabilitation might be possible. One of the reasons

References
Hudson, D. L., Jr. (2009, November). Adult time for adult crimes: is life without parole unconstitutional for juveniles? ABA Journal, 95(11), 16+. Retrieved July 11, 2012, from http://go.galegroup.com.libproxy.troy.edu/ps/i.do?id=GALE%7CA212034922&v=2.1&u=troy25957&it=r&p=LT&sw=w
Kaiser, L. (2012, March). Throwing away the key: sentencing juveniles to life in prison without parole. The Hennepin Lawyer, 81(3), 23+. Retrieved July 11, 2012 from http://go.galegroup.com.libproxy.troy.edu/ps/i.do?id=GALE%7CA283768216&v=2.1&u=troy25957&it=r&p=LT&sw=w
Savage, D. G. (2012, June 25). Supreme Court rules mandatory juvenile life without parole cruel and unusual. Los Angeles Times. Retrieved July 11, 2012, from http://http://articles.latimes.com/2012/jun/25/news/la-pn-supreme-court-rules-juvenile-life-without-parole-cruel-and-unusual-20120625
Stimson, C. (2009, October-December). Adult Time for Adult Crimes: Life Without Parole for Juvenile Killers and Violent Teens. Prosecutor, Journal of the National District Attorneys Association, 43(4), 36+. Retrieved July 12, 2012 from http://go.galegroup.com.libproxy.troy.edu/ps/i.do?id=GALE%7CA216631851&v=2.1&u=troy25957&it=r&p=LT&sw=w

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