Putting Kids in Jail and Throwing Away the Key
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The Absurdity of Minors Serving Life Sentences Without Parole
In the United States, minors who commit serious crimes can be tried as adults; therefore, they can be given life sentence without parole. This is in contravention to the UN Convention on the Rights of the Child.
Minors cannot sign legally binding contracts but they can be held criminally responsible for their actions! This is not logical.
Photo Used with Permission: Title: Day 23/365: Not Even Jail; Photographer: Photojunkymonkey (Black Rider Photography)
Minors cannot sign legally binding contracts but they can be held criminally responsible for their actions! This is not logical.
Photo Used with Permission: Title: Day 23/365: Not Even Jail; Photographer: Photojunkymonkey (Black Rider Photography)
Yes, some young people have done terrible things, hurt people, perhaps killed.
However, they are still minors, still growing and developing, still amenable in many cases to changing and to becoming active and positive members of the community. Is there a way to ensure that minors who commit crimes are punished and take responsibility for their crimes without losing their right to be tried as minors where rehabilitation is the main focus rather than imprisonment?
Furthermore, should there not be any consideration given to the life circumstances that formed the backdrop to their crimes? We would not be so lenient for adults, but these are still children and youth who are not yet fully developed.
First take the poll and see how your opinion agrees or disagrees with what others think. Then let us look at the issues more deeply.
Furthermore, should there not be any consideration given to the life circumstances that formed the backdrop to their crimes? We would not be so lenient for adults, but these are still children and youth who are not yet fully developed.
First take the poll and see how your opinion agrees or disagrees with what others think. Then let us look at the issues more deeply.
You Tell Us What You Think: Should Minors be Given a Life Sentence Without Chance of Parole EVER?
Are There Extenuating Circumstances?
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Jacqueline Montanez: Serving Life from Age 15
And She is Destined to Die in Prison
It is clear that not every victim of abuse goes on to commit crimes. However, when a minor commits a crime, their history of abuse should be taken into account when deciding on sentencing. There is still time to rehabilitate most of these young people. Consider the case of Jacqueline Montanez.
- Clemency for Jacqueline Montanez
- This website includes a video to explain the pattern of sentencing minors to life without parole, a petition if you agree that clemency should be given after these people have proven that they can take an active and positive part in society.
The UN Convention on the Rights of the Child
The Article Prohibiting Life Imprisonment for Minors
States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;
(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;
(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.
- UN Convention on the Rights of the Child
- Text of the entire UN General Assembly Resolution (45/25) that went into force in September 1990. This resolution was ratified by every nation in the world, except for Somalia and the USA.
Age of Criminal Responsibility and Other "Ages"
Age is used to differentiate between a person who is allowed to do a certain activity from a person who is not. For example:
- age of majority (ability to sign a legally binding contract, to vote) ,- age of consent for engaging in sexual activities,
- age at which one can leave school,
- drinking age,
- driving age,
- age at which one can marry without parental consent,
- age for conscription into the army,
- and age of criminal responsibility.
The rationale behind designating appropriate ages for each domain is apparently the age at which an individual can take responsibility for himself or herself in that particular sphere. However, there does not appear to be any clear theoretical basis for why, in Israel for example, one can agree to sex at age 14-16, drink, vote and sign contracts at 18, marry at 17 if female and 18 if male, leave school at 16, enter the army at 18 and be held responsible for criminal acts at 12.
Photo Credit: Driving a Tractor by Donna Cosmato
Age of Majority, Consent, and More
Here is a list of wikipedia pages that have organized the topic of international variation in legal age determinations for various spheres of life.
- Age of Majority
- List of countries of the world and the age of majority as determined by each of them.
- Age of Consent Map
- Map of the world, colour-coded to show the range of ages at which it is considered that the individual can give consent to sexual relations. Engaging in sex with an individual below this age would be considered a crime. Note that the only counties in which there is state rather than federal determination of age of consent are the USA and Australia.
- Age of Criminal Responsibility
- Age below which an individual who commits a crime is not considered legally responsible for the criminal behaviour. Each country would determine their treatment of those between this age and the age of majority. Some would place emphasis on punishment, others on rehabilitation.
- Legal Drinking Age
- List of countries and the ages at which it is legal for an individual to buy an alcoholic beverage or to be served an alcoholic drink. The numerous exceptions and special circumstances are also listed.
- Marriageable Age
- List of countries and the ages at which an individual can enter into marriage without their parents' or guardians' consent.
- Voting Age
- List of countries and the ages at which an individual can vote in elections. This is 18 for most nations, but for some it may be 16 and others 20. Changes in voting ages are also noted.
What is "Criminal Responsibility"?
The legal professional literature defines criminal responsibility as the intentional commission of an act that is against the law when the individual is not only aware that the act is wrong, but is also able to understand the likely future consequences of his or her behavior. This includes understanding the impact of the crime upon the victim. Specifying an age of criminal responsibility suggests that law-makers believe that minors below that are incapable of understanding the future consequences of their actions, and therefore should not be held criminally liable. In some countries allowance is made for differential treatment of teens who are expected to gradually develop the ability to make increasingly complex moral decisions, thereby taking on increasing responsibility for their behavior.
Furthermore, in most jurisdictions, a trial is considered fair when the accused can follow what is happening at trial and receive advice from their defence lawyer and contribute to their own defence. Most children and many teenagers are not able to understand the proceedings at trial and the trial is conducted by their parents who hire the lawyer (as minors cannot sign a contract) and the lawyer.
References:
Maher, G. (2005). Age and criminal responsibility. Ohio State Journal of Criminal Law, 2, 493-512.
Morse, S.J. (2004). Reason, results and criminal responsibility. University of Illinois Law Review, 2004(2), 363-444.
Urbas, G. (2000). The age of criminal responsibility. Trends and Issues in Crime and Criminal Justice, 181, 1-6.
Furthermore, in most jurisdictions, a trial is considered fair when the accused can follow what is happening at trial and receive advice from their defence lawyer and contribute to their own defence. Most children and many teenagers are not able to understand the proceedings at trial and the trial is conducted by their parents who hire the lawyer (as minors cannot sign a contract) and the lawyer.
References:
Maher, G. (2005). Age and criminal responsibility. Ohio State Journal of Criminal Law, 2, 493-512.
Morse, S.J. (2004). Reason, results and criminal responsibility. University of Illinois Law Review, 2004(2), 363-444.
Urbas, G. (2000). The age of criminal responsibility. Trends and Issues in Crime and Criminal Justice, 181, 1-6.
Adults in Prison Since Childhood or Adolescence
With No Hope of Parole
Young people are still developing, still maturing. In fact, research has shown that the human brain does not reach maturity until the age of 25. That means that the impulsive behaviours exhibited by some adolescents may be less under their control than we would like to think. That does not mean that we ignore their bad behaviour. It does not mean that they are not to be punished. Punishment should be considered part of their education. Without strong response to unacceptable behaviours we do not impress upon children and teens that they need to learn to control their impulses and to behave to life's stresses in a socially acceptable manner.
Look at the lives of these adults who are in jail since childhood or adolescence. Do they seem to have changed? Do they seem to have learned something? Is there anything that society gains by keeping them in jail forever? Is there anything that society loses by keeping them in jail?
Look at the lives of these adults who are in jail since childhood or adolescence. Do they seem to have changed? Do they seem to have learned something? Is there anything that society gains by keeping them in jail forever? Is there anything that society loses by keeping them in jail?
- The Case of Jackie Montanez
- A website that describes the crimes for which Montanez was convicted and at age 15 sentenced to life imprisonment without parole. Her life history that led to her crimes are also described.
- The Case of Christi Cheramie
- Amnesty International is fighting for the release of Christi Cheramie, who at 16 was condemned to life imprisonment without parole. Now 33, the prison warden considers her rehabilitated and would like to see her given a second chance.
- Equal Justice Initiative
- The EJI website describes cases of children imprisoned for life from the age of 13 or 14 in adult prisons with the hope of putting pressure on legislators to change the law that allows this.
Murder Victims' Family Members Support Change
Family members of three murder victims talk out about charging adolescents who committed murder as adolescents rather than as adults. They agree:
- that minors are not mature and do not function as mature adults,
- that minors need help to overcome traumatic backgrounds and to learn to take responsibility for themselves and their behaviours,
- that minors who committed murder can still grow up to become responsible adults.
See other videos about juveniles and life sentence without parole.
- that minors are not mature and do not function as mature adults,
- that minors need help to overcome traumatic backgrounds and to learn to take responsibility for themselves and their behaviours,
- that minors who committed murder can still grow up to become responsible adults.
See other videos about juveniles and life sentence without parole.
curated content from YouTube
Google News
- When sentencing young lawbreakers, race matters, study finds
- The court struck down the death penalty for minors in 2005 and in May 2010 determined that young offenders' less-adult status should protect them from life in prison without parole in non-homicide cases. But that decision was split 5-4, the researchers ...
- One Teen's Fate: The Math of a 100-Year Sentence
- According to attorney David Durchfort, who argued on behalf of Caballero's appeal, California has the highest number of any state of minors serving life-without-parole sentences. While the US Supreme Court ruled in 2010 that it is unconstitutional to ...
- Oakland County woman, sister of juvenile lifer victim, refutes new report's ...
- The report says the United States is the only country that sentences juveniles to life without parole. Robinson said that is not true, citing at least 13 other nations that do the same. Robinson also said the report does not mention recommit rates for ...
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Other Articles of Interest on Age of Majority
I am starting this list with a New York Times Debate on the issue of age of majority. With time, I will add more links when I become aware of interesting and relevant discussions on the web. Feel free to leave me a note if you find something you think is worthy of addition here.
- When do Kids Become Adults?
- A debate in the New York Times about age of majority and whether or not it should be raised or lowered, or at least be consistent.
What do You Think Now?
Should kids, even kids who murdered, be locked up for the rest of their lives or should they be given rehabilitation and a chance to overcome what led them to crime? I think you know what I think, but what do YOU think?
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kitty222
May 30, 2012 @ 10:51 am | delete
- I think if the rehab works, it's better than sending those kids for the rest of their lives. In some cases, the crimes are somewhat understandable and could even be called self-defense because I've heard of cases where kids killed their abusive parents.
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SereneSea May 9, 2012 @ 12:14 am | delete
- All our prisons label the offenders as criminals without giving them a chance to redeem and recover. Once a criminal - always a criminal. This painful tag remains forever. It is dreadful, horrible in case of minors who are not given chance to re-live their life. I feel circumstances and the human minds are responsible for crimes. Repenting and forgiving is divine, but I do understand the practical difficulties. We need saints who care for humanity, to transform the hearts of such people, not the cruelty of jails which hardens them into a callous criminals. It is tough and our laws are just not enough and adequate.
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sherioz
May 27, 2012 @ 5:35 am | delete
- I agree with your statement - and I also think that those who can care for and help rehabilitate these people are not saints but well-trained and caring professionals. Not all who committed even heinous crimes as minors are, or will become, hardened criminals. There are such complex factors involved that we have not really figured it out yet.
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Stazjia
Apr 27, 2012 @ 5:23 am | delete
- I live in the UK and we don't have life sentence without parole for minors. I believe that it is unbelievably short-sighted to give such sentences. It deprives a prisoner of all hope, they have no reason to behave well in prison. In fact, putting minors in with adult criminals for any length of time seems to be a very stupid thing to do as it will probably leave them more psychologically damaged and maybe improved their criminal skills. Even though we don't have sentences like that here, it doesn't stop members of the public and certain sections of the press calling for them for the most notorious crimes.
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sherioz
May 27, 2012 @ 5:36 am | delete
- I agree. It is very hard to find a balance between caring for the victims of horrific crimes and caring for the perpetrators when there is a chance of rehabilitation.
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As a trauma therapist for over 25 years, I have worked with many people who were abused by someone in their lives. I am, therefore, sensitive to the n... more »
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Mistakes Can Happen with Adults As Well
We Need to be Talking about This
Learn More About Minors Tried as Adults
Should Juviniles be Tried as Adults? (At Issue)
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One article cannot do justice (pardon the pun) to this complex issue.
