"Teen killers get inconsistent sentences"

The title of this post is the headline of this notable piece from Massachusetts, which gets started this way:

Shrewsbury teen Valerie N. Hall pushed her mother down a flight of stairs in 2000, smashed her head in with a hammer and left Kathleen Thompsen Hall to die while she went for a ride with her boyfriend. For her mother's murder, Hall, a depressed and suicidal 16-year-old at the time, served nine years in prison.

Lincoln-Sudbury Regional High School student John Odgren, who suffers from depression and other mental ailments, fatally stabbed schoolmate James Alenson in the boy's bathroom in 2007 when he was 16, and after realizing what he had done, tried to get help. Odgren is serving life without the possibility of parole at Bridgewater State Hospital.

Both crimes were ghastly. Both teens suffered from mental illness. Both were charged with first-degree murder. But their punishments could not have been more different.

The dispositions of the Hall and Odgren cases illustrate the profound inequities that have grown up in the Massachusetts juvenile justice system since the passage of a tough sentencing law enacted 15 years ago and designed to punish the most depraved “super-predators” among teen killers.

An investigation by the New England Center for Investigative Reporting reveals, for the first time, that that law is not being applied consistently to the most horrific juvenile murder cases, as it was intended. The findings come as the U.S. Supreme Court prepares this spring to tackle whether it is “cruel and unusual” punishment to sentence juveniles 14 and under to life without parole for murder.

In Massachusetts, there is no obvious pattern as to why some killers are sentenced to life without parole and others — who committed shocking, grisly crimes such as fatally beating a 2-year-old — escaped the harsh sentence. Juveniles whose crimes approach the cruelty of the teen whose case triggered the passage of the 1996 law, Edward O'Brien, have escaped the severe sentence, while spontaneous acts of violence by teenagers with little prior record are punished with life behind bars.

O'Brien was 15 in 1995 when he fatally stabbed his best friend's mother, slashing her more than 90 times. He was initially to be tried in juvenile court, but public outcry about the possibility of a lenient juvenile sentence led lawmakers to quickly pass the tough new law aimed at punishing “adult crime with adult time.” Under that law, a teen convicted of first-degree murder must serve life in prison without any chance of being released.

Before the change, juvenile killers could only be sentenced to serve until age 21 unless their case was transferred to adult court. Since 1996, dozens of teens between the ages of 14 and 16 have been charged with murder in Massachusetts, but only seven have been sentenced to life without parole. In only two cases — the fatal beating with a hammer and the stabbing of a stranger in a school restroom — did their crimes approach the depravity of O'Brien's murder of Janet Downing.

Four of the teenage lifers acted impulsively, settling petty disputes with lethal attacks, the review of murder cases shows. Only two of the seven lifers had a record of violent crime, the investigation found, and two had no criminal history at all. “We'd like to reserve the maximum penalty for the worst cases, for the most dangerous individuals,” said Northeastern University criminologist James Alan Fox, a critic of the current system. The seven teens that got life without parole “do not appear to be the worst cases.”