Juvenile Justice Information Exchange (https://jjie.org/tag/sentencing/)
The number of children incarcerated in juvenile prisons across the United States fell to an all-time low in 2020, the latest year of available federal data about those facilities, fueling proponents’ hopes of entirely eliminating those detention centers.
The decline in incarcerations came as juvenile arrests have also dropped for most crimes except murder, which has been on the rise in recent years.
“To have once been a criminal is no disgrace. To remain a criminal is the disgrace.” —Malcolm X
“You never know how sacred your freedom is until it’s jeopardized.”
That’s the driving sentiment behind “Crown Heights,” a new film that tells a tale of friendship and perseverance in the face of a miscarriage of justice.
On Friday, Manhattan Justice Edward McLaughlin sentenced Taylonn Murphy Jr. to 50 years to life for the 2011 murder of Walter Sumter. Murphy was also convicted of conspiracy, robbery and weapons charges.
The Pennsylvania Supreme Court is hearing oral arguments today that may lead to a chance at parole for more than 400 inmates convicted of murder as minors. The Court is deciding if a June 2012 U.S. Supreme Court decision is retroactive, and if so, what sentence should be given to two convicts in today’s cases. The federal court, in Miller v. Alabama, said that minors convicted of murder have a right to present mitigating factors — such as the immaturity of youth — to sentencing judges. That invalidates one-size-fits-all mandatory life without parole sentences listed in federal and 28 states’ statutes. “It’s about retroactivity and also resentencing,” said Marsha Levick, deputy director of the Juvenile Law Center in Pennsylvania, who is arguing for retroactivity before the court.
On the desk of California Gov. Jerry Brown is a key that could unlock the prison gates for inmates sentenced as youth to life without parole. The key comes in the form of legislation, Senate Bill 9, a long-fought proposal to allow such inmates to petition for resentencing after serving 15 years. Inmates are not eligible if the crime involved torture or the killing of officials such as law enforcement officers. To get a chance at parole or a reduced sentence, the offender must convince a judge of their remorse and their progress toward rehabilitation. Advocates say the proposal is a win for children, but opponents say it’s a loss for crime victims.
“The Fair Sentencing for Youth Act [SB 9] ensures youth are held accountable for their crimes in a way that reflects the distinct characteristics of youth, with a focus on rehabilitation and reintegration into society,” said Jody Kent-Lavy, Director and National Coordinator of the national Campaign for the Fair Sentencing of Youth, in a written statement.
Three teens convicted of raping a 13-year-old classmate were sentenced to probation by California juvenile officials after serving 120 days behind bars. The charges, forcible rape in concert and lewd acts with a child under 14 – both felony accounts – carried a maximum punishment of nine years in juvenile detention, The Press-Enterprise of Riverside, Calif. reported. Some members of the community said probation was too lenient of a punishment for something as serious as rape, but youth law experts contended the juvenile justice system was designed to give offenders the opportunity to reform. Juveniles convicted of rape in California do not have to register as sex offenders, said The Press-Enterprise.
Georgia taxpayers spend $1 billion dollars a year locking up criminals in prison. An eye-opening analysis by the Atlanta Journal Constitution shows one in 70 Georgians is behind bars and each offender costs $49 a day. It is not because the state has more crime, but because sentencing laws are tougher here, keeping criminals behind bars longer. In the first of a two-part series, the AJC raises questions about Georgia’s tough-on-crime stand, and whether it’s worth the cost at a time when the state is cutting teachers, transportation and critical programs. Even some conservative policymakers like former House Speaker Newt Gingrich (R-Georgia) are studying alternatives to prison. In a surprising interview, Gingrich argues treatment programs for non-violent offenders work, and can be safer and less expensive. In part two, the AJC reports about 2-thirds of inmates locked up are non-violent. For them, alternatives such as drug courts and work-release might work and save money. Other states across the south, such as Mississippi, North Carolina, South Carolina and Texas are working on research-based alternatives.