16-Year Old Got Life Without Parole for Killing Her Abusive Pimp -- Should Teens Be Condemned to Die in Jail?
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It's only recently that the plight of juveniles serving life in adult prisons came across the national radar. Alison Parker, deputy director of the U.S. Program of Human Rights Watch told AlterNet, "these children were literally lost in adult prison. Nobody paid attention to the fact that they were under 18 at the time of their offense."
But this could soon change. Next month, the U.S. Supreme Court will hear arguments in a pair of cases -- Sullivan v. Florida and Graham v. Florida -- that will decide whether life sentences for juveniles violate the Constitution's ban on cruel-and-unusual punishment.
These cases follow the Court's landmark ruling in Roper v. Simmons four years ago, which struck down the death penalty for juvenile defendants on Eighth Amendment grounds. Echoing the opinion of Yee, Justice Anthony Kennedy wrote for the majority that juveniles have an "underdeveloped sense of responsibility" that leads to "impetuous and ill-considered actions and decisions," as well as being "more susceptible to negative influences and peer pressure."
Civil rights attorney Bryan Stevenson, the lead attorney in Sulliivan, argues that sentencing children to life without parole makes no more sense than sentencing them to death. In court filings for Sullivan, he writes, "The essential feature of a death sentence or a life-without-parole sentence is that it imposes a terminal, unchangeable, once-and-for-all judgment upon the whole life of a human being and declares that human being forever unfit to be a part of civil society."
Stevenson is the executive director of the Equal Justice Initiative of Alabama, a nonprofit that provides legal representation to indigent defendants and prisoners, including juveniles. According to EJI, out of the prisoners serving juvenile life without parole, more than half are first-time offenders. At least 74 involve defendants who were 14 years old or younger when they committed their crime.
"Almost all of these kids currently lack legal representation, and in most of these cases the propriety and constitutionality of their extreme sentences has never been reviewed."
'Beyond Help'
Among these 74 is Joe Sullivan, the defendant in Sullivan v. Florida. Sullivan, who is reportedly mentally disabled, was 13 years old in 1989 when he was accused of raping an elderly woman after a burglary carried out by an older group of teenagers. The older teenagers confessed to the burglary but pinned the rape on Sullivan, a charge he denied.
The older boys did time in juvenile prison and were then freed. Sullivan became the youngest prisoner to be sentenced to die in prison for a crime other than murder. "I am going to try to send him away for as long as I can," his trial judge said. "He is beyond help."
At 14, Sullivan was sent to an adult prison, where he was repeatedly sexually assaulted. Sullivan now is 33 years old. Stricken with multiple sclerosis, he is confined to a wheelchair.
Sullivan's case is emblematic of a number of problems when it comes to juveniles sentenced as adults, not the least of which is the phenomenon of youths either being coerced or getting caught up in criminal situations orchestrated by older teenagers or adults.
Among juvenile offenders, many have participated in violent crimes as a result of their relationship with a grown-up. Incredibly, this can mean getting a harsher sentence than the adult in question.
"There is this tendency to point the finger towards the younger co-defendant, sometimes because of the perception that the younger person will get a lesser sentence," says Alison Parker. "There's still this perception out there that kids will be treated differently, but the reality is that kids are treated like adults."
See more stories tagged with: juveniles, life without parole, human rights watch, sara kruzan
Liliana Segura is an AlterNet staff writer and editor of Rights & Liberties and World Special Coverage. http://twitter.com/LilianaSegura
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