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In Defense of Juveniles Sentenced to Life

Author: Stuti S. Kokkalera

Publisher: Taylor & Francis

Published: 2022-06-22

Total Pages: 68

ISBN-13: 1000643905

This book examines how attorneys enable a meaningful opportunity for release for individuals sentenced to life as juveniles. The work provides a detailed overview of how legal representation facilitates opportunities for release for juveniles sentenced to life: “juvenile lifers”. It contributes to the broader literature on the importance of legal representation in the criminal legal system by investigating the role of an attorney in the parole process. Drawing on interviews with lawyers and qualitative content analyses of attorney participation in parole recordings from one state, the study illustrates how attorney assistance provides an important due process protection in the highly discretionary context of parole. The analysis of attorney representation is situated in the history of how they became prominent in the criminal legal system, and how their assistance has been viewed as vital in the parole process. Prior criminological and legal research relates the impact a lawyer can have by preparing a juvenile lifer candidate to present a suitable narrative for release, one that relates their diminished criminal culpability and rehabilitative efforts to prepare for life beyond prison. The work will be relevant to students, academics, and policy makers, particularly for state parole boards, public defender agencies, and legislatures. While the analysis is based on the experience of one state, the findings are generalizable to other states and countries that similarly conduct parole board hearings for not just their juvenile populations but also adults.

Sentencing Youth to Life in Prison

Author: Kathi Milliken-Boyd

Publisher: Routledge

Published: 2022-04-07

Total Pages: 209

ISBN-13: 1000530337

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This book analyzes the impact of the U.S. Supreme Court rulings deeming juvenile life without parole (LWOP) sentences to be cruel and unusual punishment. These Court decisions brought about controversy and resistance in the criminal justice field, while at the same time providing hope for those 2,300 people who never thought they had a chance to experience life as an adult outside prison. By looking in depth at the lives of some of the individuals serving life terms, and understanding both the prosecutors who oppose review and resentencing of juvenile lifers and those who are sincerely following the Supreme Court’s guidelines, this book provides a comprehensive understanding of the issues – as well as the people – involved in the sentencing (and potential resentencing) of juveniles to life without the possibility of parole. The authors provide unique, perceptive and straightforward profiles on some of the prisoners who were ultimately sentenced to LWOP after being involved in criminal offenses committed before their 18th birthdays. The book poignantly features the experiences of young people who did not commit a murder yet were still sentenced to life terms, but also delves into the perspectives of the families of victims of juvenile offenders, prosecutors on both sides of the issue, psychologists who have interviewed many of the juvenile lifers and advocates for change in the way juveniles are treated by the criminal justice system. The decisions in Miller v. Alabama and Montgomery v. Louisiana clearly demonstrated that the Court’s view of juveniles evolved over decades to reflect advances in our understanding of the unique characteristics of youth and their involvement in juvenile crimes. This book takes the position that the sentence of life without the possibility of parole for youth is wasteful of both human lives and scarce public resources. The authors write about the human concerns on both sides of the question, and, ultimately, allow readers to make their own decisions about how society should best handle juvenile offenders. This engaging ethnographic treatment will appeal to students and scholars of criminology, corrections, juvenile justice, and delinquency; practitioners working in social policy; and all those interested in a criminal justice system capable of positive outcomes for involved youth.

When I Die, They'll Send Me Home

Author: Human Rights Watch (Organization)

Publisher: Human Rights Watch

Published: 2008

Total Pages: 104

ISBN-13:

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Methodology -- Recommendations -- To the Governor of California -- To the California State Legislature -- To state and county officials -- To state judges -- To California District Attorneys -- To defense attorneys -- Teenagers sentenced to die in California prisons -- Why youth are serving life without parole in California -- Crimes that result in a life without parole sentence -- Unjust results -- Many youth sentenced to life without parole did not actually kill -- The worst racial disparity in the nation -- County sentencing practices differ -- Influence of peers -- Adult codefendants -- Legal representation that compromises justice -- The late teens and early twenties : a dramatic period for personal growth -- Teens' unique potential for change -- Personal experience of change -- Life inside prison -- Fear and violence -- Barriers to rehabilitative opportunities -- The financial cost of sentencing youth to life without parole in California -- The perspectives of victims -- What those serving life without parole want to say to the families of their victims.

Sentencing Youth to Life in Prison

Author: Kathi Milliken-Boyd

Publisher:

Published: 2022

Total Pages: 136

ISBN-13: 9781032067193

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This book analyzes the impact of the U.S. Supreme Court rulings deeming juvenile life without parole (LWOP) sentences to be cruel and unusual punishment. These Court decisions brought about controversy and resistance in the criminal justice field, while at the same time providing hope for those 2,300 people who never thought they had a chance to experience life as an adult outside prison. By looking in depth at the lives of some of the individuals serving life terms, and understanding both the prosecutors who oppose review and resentencing of juvenile lifers and those who are sincerely following the Supreme Court's guidelines, this book provides a comprehensive understanding of the issues - as well as the people - involved in the sentencing (and potential resentencing) of juveniles to life without the possibility of parole. The authors provide unique, perceptive, and straightforward profiles on some of the prisoners who were ultimately sentenced to LWOP after being involved in criminal offenses committed before their eighteenth birthdays. The book poignantly features the experiences of young people who did not commit a murder yet were still sentenced to life terms, but also delves into the perspectives of the families of victims of juvenile offenders, prosecutors on both sides of the issue, psychologists who have interviewed many of the juvenile lifers, and advocates for change in the way juveniles are treated by the criminal justice system. The decisions in Miller v. Alabama and Montgomery v. Louisiana clearly demonstrated that the Court's view of juveniles evolved over decades to reflect advances in our understanding of the unique characteristics of youth and their involvement in juvenile crimes. This book takes the position that the sentence of life without the possibility of parole for youth is wasteful of both human lives and scarce public resources. The authors write about the human concerns on both sides of the question, and, ultimately, allow readers to make their own decisions about how society should best handle juvenile offenders. This engaging ethnographic treatment will appeal to students and scholars of criminology, corrections, juvenile justice, and delinquency; practitioners working in social policy; and all those interested in a criminal justice system capable of positive outcomes for involved youth.

The War on Kids

Author: Cara H. Drinan

Publisher: Oxford University Press

Published: 2018

Total Pages: 241

ISBN-13: 0190605553

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Despite inventing the juvenile court a little more than a century ago, the United States has become an international outlier in its juvenile sentencing practices. The War on Kids explains how that happened and how policymakers can correct the course of juvenile justice today.

Juveniles at Risk

Author: Christopher Slobogin

Publisher: Oxford University Press

Published: 2011-08-01

Total Pages: 210

ISBN-13: 019977840X

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In this book, Slobogin and Fondacaro present their vision for a new juvenile justice system, founded on the evidence at hand and promoting the principles of rehabilitation and reintegration into society. The authors develop their juvenile justice policy proposals effectively by carefully addressing the problems with past policy approches and recent theoretical contributions.

Juvenile Crime, Juvenile Justice

Author: Institute of Medicine

Publisher: National Academies Press

Published: 2001-06-05

Total Pages: 405

ISBN-13: 0309172357

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Even though youth crime rates have fallen since the mid-1990s, public fear and political rhetoric over the issue have heightened. The Columbine shootings and other sensational incidents add to the furor. Often overlooked are the underlying problems of child poverty, social disadvantage, and the pitfalls inherent to adolescent decisionmaking that contribute to youth crime. From a policy standpoint, adolescent offenders are caught in the crossfire between nurturance of youth and punishment of criminals, between rehabilitation and "get tough" pronouncements. In the midst of this emotional debate, the National Research Council's Panel on Juvenile Crime steps forward with an authoritative review of the best available data and analysis. Juvenile Crime, Juvenile Justice presents recommendations for addressing the many aspects of America's youth crime problem. This timely release discusses patterns and trends in crimes by children and adolescentsâ€"trends revealed by arrest data, victim reports, and other sources; youth crime within general crime; and race and sex disparities. The book explores desistanceâ€"the probability that delinquency or criminal activities decrease with ageâ€"and evaluates different approaches to predicting future crime rates. Why do young people turn to delinquency? Juvenile Crime, Juvenile Justice presents what we know and what we urgently need to find out about contributing factors, ranging from prenatal care, differences in temperament, and family influences to the role of peer relationships, the impact of the school policies toward delinquency, and the broader influences of the neighborhood and community. Equally important, this book examines a range of solutions: Prevention and intervention efforts directed to individuals, peer groups, and families, as well as day care-, school- and community-based initiatives. Intervention within the juvenile justice system. Role of the police. Processing and detention of youth offenders. Transferring youths to the adult judicial system. Residential placement of juveniles. The book includes background on the American juvenile court system, useful comparisons with the juvenile justice systems of other nations, and other important information for assessing this problem.

Capital Punishment

Author: Billy Wayne Sinclair

Publisher: Simon and Schuster

Published: 2011-07-01

Total Pages: 282

ISBN-13: 1628721340

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Billy Wayne Sinclair was only twenty-one when sentenced to death. Because of an accidental shooting, he spent the next forty years in prison. When the Supreme Court struck down the death penalty, Billy was re-sentenced to life without parole. Here, he offers a blistering examination of the death penalty and its origins.

When I Die-- They'll Send Me Home

Author: Elizabeth Calvin

Publisher:

Published: 2012

Total Pages: 28

ISBN-13: 9781564328519

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In California over 300 youth have been sentenced to life without parole. This update presents current data on the number of youth sentenced to life without parole in California, and details significant legal changes in recent years. It also describes the cases of several young people convicted of murder: two sentenced to parole-eligible sentences who served many years in prison and are now out and contributing to their communities, and two sentenced to life without parole who will die in prison. Law and public opinion about life sentences for youth have evolved in recent years. Experience and a growing body of scientific evidence confirm there is tremendous emotional and mental growth during the late teens, and that young people differ from adults. As US Supreme Court Justice John Paul Stevens has stated: "Society changes. Knowledge accumulates. We learn, sometimes, from our mistakes..." California's law permitting juveniles to be sentenced to life without parole for murder was enacted before major advances in understanding adolescent brain development, and fails to recognize that teenagers are particularly amenable to change and rehabilitation. All youth should have the chance to prove they have changed, and to earn parole.

Reforming Juvenile Justice

Author: National Research Council

Publisher: National Academies Press

Published: 2013-05-22

Total Pages: 463

ISBN-13: 0309278937

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Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.