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July 1, 2013

A year after Miller confirmed kids are different, how may kids have different sentences?

Children-Are-Different-InfographicThe question in the title of this post is inspired in part by this public letter posted last week from the director of The Campaign for the Fair Sentencing of Youth. Here are excerpts from the letter (with one key link preserved):

[The last week of June 2013] marks the one-year anniversary of the U.S. Supreme Court's landmark ruling in Miller v. Alabama, which struck down mandatory life-without-parole sentences for children. Since then, strides have been made to move our justice system toward one that recognizes the fundamental differences between children and adults, and that provides all youth with a chance to demonstrate their unique capacity for growth and change. Advocates across the country have ushered in better outcomes for youth convicted of serious crimes, and have successfully laid the groundwork for future legislative reforms. But much work remains.  Today we want to share with you some of the highlights and challenges faced by our movement in the year since the Court handed down its decision in Miller.

The Miller decision advanced the fundamental notion that "kids are different" in youth justice reform across the country.  We saw an advocacy community leverage Miller to spark meaningful debate in state legislatures across the country, furthering the education of policymakers about why children should not receive adult sentences.  Bills were introduced in more than 15 states, which we describe in more detail in our Miller legislative roundup.  We saw a growing and engaged coalition of local and national organizations — including the Boy Scouts of America, the American Correctional Association, the National PTA, and the American Psychological Association — come together to voice their support for fair, age-appropriate alternatives to death-in-prison sentences for children.  And due to the tireless work of legal advocates, people declared irredeemable as youth in Illinois, Delaware, and Indiana were given second chances.

We are also mindful of the immense challenges that lie ahead.  In the coming year, we expect to confront legislative proposals in a handful of states that undermine the letter and spirit of the Miller decision.  We expect courts-which to this point have handed down varied interpretations on the reach and scope of the decision-to weigh in on whether Miller applies to the more than 2,000 individuals currently serving mandatory life-without-parole sentences.  And we anticipate difficulties in advancing our reform message in a legislative and criminal justice climate that for years has been dominated by racially-charged rhetoric and shortsighted "tough-on-crime" policies.  

The item linked in the above-quoted discussion is this fascinating three-page document headlined "State Legislative Roundup One Year after Miller v. Alabama." That document notes, inter alia, that since "the Miller decision last June, three states passed legislation that removed JLWOP as a sentencing option for youth."

As the question in the title of this post suggests, unmentioned in all the terrific materials assembled by The Campaign for the Fair Sentencing of Youth (from which I got the inforgraphic posted here) is any accounting one-year after Miller of what is happening specifically to the "more than 2,000 individuals currently serving mandatory life-without-parole sentences" for crimes committed while juveniles.  I hope this public policy group and/or others are working toward a full (or even partial) accounting of just how many of these juvenile criminals serving LWOP are succeeding in now securing different sentences as a result of Miller and its aftermath.

I know it is likely very challenging (and very costly) to review and monitor all those defendants whose sentences were called in to question by the Miller ruling.  But a number of organizations, government agencies, and even public websites and have shown an affinity for, and an ability to, keep a close watch on many thousands of death sentences and all the murder defendants who go on and off state death rows.  If even a small portion of the attention now given to capital cases could be redirected to track juve LWOP cases, we could and would over time all be able to garner a much keener sense of the real impact and import of the Miller ruling.

July 1, 2013 at 11:53 AM | Permalink

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"...to move our justice system toward one that recognizes the fundamental differences between children and adults, and that provides all youth with a chance to demonstrate their unique capacity for growth and change."

Yes, adolescents are superior to adults in all functions, including morality, since they commit fewer crimes. Welcome to the upside down Twilight Zone world of the lawyer dumbass on the Supreme Court. Where black is white, up is down, and adolescents have less ability than adults. And the adolescent murderer is more deviant from his age cohort than an adult murderer, and more dangerous to the public.

Posted by: Supremacy Claus | Jul 2, 2013 12:56:48 AM

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