The United States is the only nation where juveniles – more than 2,500 as of 2009 – are serving life without parole sentences for crimes they committed while under the age of 18.
Juveniles are different from adults, as confirmed by recent findings in adolescent brain development research. Consequently, researchers have concluded that juveniles are not as culpable as adults for the offenses they commit. Similarly, due to their developmental capacity, youth under the age of 18 have been shown to be more amenable to treatment than adults and less likely to re-offend in the future when held accountable and treated in ways that are appropriate to their developmental stage.
Detailed research on the use of Juvenile Life Without Parole (JLWOP) around the nation has documented evidence of systemic racial disparities, gross failures in legal representation, and many examples of youth being sentenced more harshly than adults convicted of the same crimes. In addition, contrary to popular belief, a large portion of youth serving JLWOP sentences are not repeat offenders, nor have they been convicted of the most serious violent offenses. Rather, nearly 60% of people serving JLWOP are first time offenders.
Elimination of JLWOP does not mean that violent people will simply be released to the streets. Instead, careful periodic reviews for youth who have been convicted of serious offenses will help responsible decision-makers in each state better determine whether these young people continue to pose a threat to the community, and will ensure that those who can prove they have reformed are given an opportunity to re-enter society as contributing citizens.
For these reasons, CJJ opposes the imposition of life sentences without the possibility of parole (JLWOP) for youth who were under the age of 18 when they committed the offense. Further, until such time that all states voluntarily do so, CJJ supports federal policy that incentivizes states to eliminate the practice of sentencing juveniles tried as adults to life imprisonment without the possibility of parole.
This position also builds on CJJ's position: "[1] Consideration of Age and Development as Factors in Sentencing Juveniles."
[2] See all positions.
[1]: http://www.juvjustice.org/position_9.html
[2]: http://juvjustice.org/positions.html