Do juvenile killers deserve life in prison?
The Supreme Court will hear arguments today on this question. Specifically, the constitutional question that will be decided is whether it is "cruel and unusual punishment" under the Eight Amendment to sentence a minor to life in prison without the possibility of parole. Nina Totenburg provided a great summary of the case on NPR this morning: Do Juvenile Killers Deserve Life?
To my mind, this decision will turn on psychology and, in the end, it will be found unconstitutional. Sure, minors who kill deserve significant punishment and prison time, but not without the possibility of parole (the ability to demonstrate rehabilitation and potentially reenter the world). At the very least, the Court will overturn the mandatory sentencing that is placed upon juries and judges.
The reason the juvenile court system came into existence one-hundred years ago was through the understanding that kids are different than adults. As a result, they should be treated differently. The court process should be different, the substantive law different, and the sentencing different.
The mind of a fourteen year-old is, well, you remember: it's jumbled. You're developing very adult features and abilities. But at the same time, your hormones are going wild. You can't think of tomorrow or appreciate the consequences of your actions.
Think back to when you were fourteen or sixteen. Remember that girl or guy you were dating? Remember those clothes you were wearing? The music you were listening to? Imagine if you were stuck with that, for the rest of your life.
Not convinced? Consider this op-ed by a former juvenile judge: Juveniles Don't Deserve Life Sentences. And this from NPR: Without Parole Juveniles Face Bleak Life
Okay, here's one more reason why the defendants will likely succeed. They have this guy as their attorney:
What do you think?
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