DES MOINES, Iowa (AP) — The first of two Iowa teenagers who pleaded guilty to beating their high school Spanish teacher to death with a baseball bat was sentenced Thursday to life with a possibility of parole after 35 years in prison.
In a hearing set for Monday, an Alabama man, convicted when he was 15 for his part in a burglary resulting in one of his teen accomplices being fatally shot by police, will ask for his prison term to be significantly reduced.
Since 2016, Elder Yusef Qualls has been on a tireless campaign to have officials in Michigan revisit a criminal case that has kept his son incarcerated for over two decades.
A so-called “juvenile lifer,” Qualls’ son, also named Yusef Qualls, has lived within Michigan’s adult correctional system since 1997. At 17 Qualls was sentenced to life without parole after police linked him as an accomplice to the murder of a woman in Detroit. Elder Qualls has been a juvenile justice advocate since his son’s incarceration began. But the fight took a new turn when, in 2016, the Supreme Court retroactively banned sentences of life in prison without the possibility of parole for juvenile offenders. That meant the courts had to revisit his son’s case.
ByButa Biberaj, Carol Siemon and Miriam Aroni Krinsky |
A viral video in August showed an 8-year-old boy being arrested at his elementary school in handcuffs that slid off his tiny wrists. A police officer can be heard telling the child, “You’re going to jail.” Sadly, this is just the latest disturbing example of the uniquely American phenomenon of vilifying and overpolicing our nation’s children.
America incarcerates more people under 18 than any other nation and is the only country in the world to condemn its children to die behind bars, with no chance of freedom or hope for redemption. For these “juvenile lifers,” no matter their progress in treatment or rehabilitation, their home from the age of 15 — or whenever they were sentenced as a child — is a jail cell.
This is not only a draconian approach at odds with undeniable science showing that youth who have committed even serious offenses can be successfully rehabilitated, it also perpetuates unconscionable racial inequities. The majority of kids we throw away through these juvenile life without parole (JLWOP) sentences are Black. Our system is sadly predisposed to see the humanity in white children more than children of color; approximately 70% of children sentenced to life without parole have been Black since 2012.
An hour south of Miami, down the street from an alligator farm, a security guard buzzes visitors into the Homestead Correctional Institution. Each guest’s bags are run through a rickety metal detector and he or she is issued a panic button — a portable alarm that can be clipped to a waistband and pressed if an inmate attacks.
The order came from a 15-year-old on a bicycle near a Chicago park in 2001: “Shoot him, shoot him.”
Benard McKinley, 16, obliged. And Abdo Serna-Ibarra, 23, never made his way to the soccer field.
Last month marked two years since the U.S. Supreme Court ruled in favor of Henry Montgomery, a quiet prisoner at the Louisiana State Penitentiary at Angola.
Just as lightning flashes and dances across the sky, so too, does this life I live. In a world away, a jungle so thick that everything touches you, a war not of my making, took my father and sister in a cloud of thundering smoke.
The U.S. Supreme Court’s recent decision banning mandatory life without parole for juvenile criminals gave inmates like Christine Lockheart a glimmer of hope. In response to the Court’s ruling, the Iowa Court of Appeals earlier this month overturned Lockheart’s mandatory life sentence for a murder committed when she was 17 and ordered a judge to hold a new sentencing hearing. But less than a week later, Iowa Gov. Terry Branstad commuted the sentences of all state prisoners serving mandatory life terms for crimes committed as juveniles, and instead gave them life with the possibility of parole after 60 years. Lockheart’s lawyer says he plans to challenge Branstad’s order in court, arguing that it violates the Supreme Court’s decision in Miller v. Alabama. That ruling said that sentencing judges should consider the individual circumstances of crimes committed by juveniles, including “how children are different, and how those differences counsel against irrevocably sentencing them to a lifetime in prison.”
Lockheart’s case is among the first of what criminal justice experts say will be numerous and lengthy legal battles as courts and state legislatures across the country determine how to comply with the Supreme Court’s ruling — and what to do with the estimated more than 2,000 prisoners currently serving mandatory life sentences for crimes committed when they were under the age of 18.
Georgia’s high court will hear oral arguments Monday in the appeal of a 27-year-old Tift County man who was sentenced to life plus 20 years for rape when he was a 14-year-old boy. Jonas Brinkley is appealing on the grounds that his sentence violated the U.S. Constitution's prohibition against cruel and unusual punishment and that greater-than-life sentences should not be imposed on cases not involving homicide. According to prosecutors, Brinkley committed the rape while a 19-year-old friend, Lakendrick Carter, detained the victim's boyfriend in another room. Brinkley and Carter also stole $180 from the couple before leaving their apartment. Carter was given 15 years in prison plus another five years of probation in exchange for his testimony against Brinkley. Five days after his sentencing, Brinkley, through his attorney, filed a motion for a new trial.