Tuesday, 30 August 2011
Disposable Children: Nashville Teen Faces Life in Prison
Like most people I am surprised when I receive a letter in the mail the old fashioned way: with a postage stamp, delivered to my front door. It took me a few moments to realize it was from a young person I hadn't seen since 2004 and have thought a great deal about over the last several years.
At 16, Cyntoia Brown took the life of a 43 year-old Real Estate Agent she met at a fast food parking lot in Murfreesboro Tennessee (south of Nashville) and who brought her to his house. Whether this was a sexual transaction gone awry between a 16-year-old girl desperate for money and scared of being killed or, as friends and family of the victim have claimed, the slaying of a good Samaritan, we will never know.
What we know is Johnny Allen was found in his bed, naked and shot in the back of the head and 16 year old Brown was tried as an adult, convicted and facing life in prison.
I first met Brown when she was 15 at Woodland Hills Juvenile Detention Center where I was teaching a life-skills class using video. The intention of the program was to prepare them with youth employment interview skills but my personal goal was limited to one thing per session: reflecting back one positive strength about themselves they could not see. Anything beyond was considered a bonus.
Cyntoia was fiery, sarcastic, smart and desperate for attention. The first time we scripted scenes that would be videotaped, Cyntoia made a point of informing the group that some day she would star in a movie--about her. Given her charismatic personality, there was little doubt this was true.
Getting to know her over a several month period was fascinating in that every meeting was like the first. One day she was lively, engaging and funny, the next sullen, distracted and incommunicative-- hardly a remarkable description of adolescent behavior.
What was striking and distinctive about Brown was her keen intelligence and high level of compassion and how often it all seemed buried under chaos and confusion. That Brown was damaged, was clear but how and why, I never knew.
A year later, Cyntoias face appeared on television--only it wasn't a starring role in a film but one devastating chapter of her life. From that first news report the worst moment of her life would now define her. A 16-year old girl became known as a ruthless killer and in 2006 she was tried as an adult and received a life sentence. Her name and the word murderer have become synonymous.
Last month, during the Nashville Film Festival, a critically acclaimed filmmaker name Dan Birman held a preview screening of a documentary (work in progress) called Me Facing Life: Cyntoia's story.
The film is not about retrying the case or implying innocence or guilt. It is about Cyntoia and the complex and convoluted physical and emotional circumstances that resulted in mental illness and one man's untimely death. And perhaps it raises an eyebrow about trying the most vulnerable of youths in an adult system.
Along with numerous scientific studies, the National Institutes of Health suggests that the region of the brain that inhibits risky behavior is not fully formed until age 25 and that until the brain is fully developed, youth are not capable of making decisions rationally. Add on a history of mental illness and it is even more troubling.
The revealing interviews with Brown's adoptive mother and a forensic psychiatrist unearth a side of Brown that was never portrayed in the media. Interviews with Brown's biological mother and grandmother reveal an extended history of emotional instability including drug and alcohol abuse, addiction and several generations of suicidal behavior.
It is difficult to listen to these woman expose their most personal and vulnerable struggles without wondering how Brown's life might have taken a different turn with more stable beginnings. And for some it demands the question: Why do we continue to endorse, tolerate and even vote for those involved in criminal justice who deem a young life--especially one mentally unstable--so disposable?
What is most striking in the film is the recent footage of Cyntoia living at the Tennessee Prison For Women. She has grown into what some might call 'a lady' who is composed and somehow, seems at peace.
Before the Nashville Film Festival screening, Birman got permission to show Cyntoia the film on a laptop computer. As Brown watched footage of herself as a 16 year old using off color language in a manic moment, Birman said she said "I was such a potty mouth."
Six years later, as I read the neatly typed words on the page that inquire after my health and offer prayers for my cancer recovery, I am struck not only by the compassion and concern but the excellent composition and use of language. She has been taking extension courses through David Lipscomb University in Nashville and it is evident she is the intelligent teenager I remember.
As I fold the letter I am moved by the dreams of a troubled young girl who predicted starring in her own film--even though it is not the movie she had in mind.
THE WRITE STEP FOR DAVONTAE SANFORD
Davontae Sanford, a developmentally disabled 16-year-old, sits in prison after his lawyer says he was coerced to confess to killing four people in a rumored drug house on Detroit's east side. An admission from a confessed hit man could finally win him a new trial.
Vincent Smothers, who had already confessed to killing at least seven people, including the wife of a Detroit police sergeant, also has admitted to being responsible for the September 2007 drug house killings on Runyon, according to police and Sanford's appeals lawyer.
We're hoping to get his plea withdrawn so he can go to trial in light of this new evidence, this was a false confession made by an adolescent who is a special-ed student and who reads on a third-grade level
We believe that if we can get enough people to write and mail letters to Vincent Smothers pleading with him to confess to the murders in court, he may have a change of heart and speak on Davontaes behalf.
Together we could stand up for Davontae, write Vincent Smothers direct and make a plea for assistance on Davontae's behalf.
Vincent Smothers, #295527
Ionia Correctional Facility
1576 W. Bluewater Highway
Ionia, MI 48846
'Positive reinforcement encourages and perpetuates behavior. Attention is power. Whatever we give our attention to increases.'
You can read this request and then forget, or you can take hold of your pen and make a difference, which will you choose?
Download The Write Step Flyer
Courtesy - Black Talk Radio - Scotty Reid
Campaign Speaker/Host
One Child at a Time
While United States citizens in Iraq are committing atrocities on incarcerated Iraqi civilians, at home here in the United States, we have our own incarceration problems.
Recently (particularly with the Bush administration, but with prior administrations too), the United States has decided to renege on international agreements and treaties when it deems those agreements to be an obstruction to U.S. current policies and political objectives. This is true in the arenas of environmental and trade issues, and in the United States' treatment of young people.
The United States is unlike most other countries with the death penalty which have abolished it for juvenile offenders. More than 72 countries with the death penalty do not execute juveniles. There are only 6 countries known to have executed juvenile offenders in the 1990s. Those countries are: the United States, Iran, Pakistan, Saudi Arabia, Yemen, and Nigeria. According to the United Nations (1998), the US policy on executing juvenile offenders violates international laws and treaties signed or ratified by the United States (Juvenile Crime, Adult Adjudication, and the Death Penalty: Draconian Policies Revisited). Clearly, most of the world agrees that putting young people on death row is wrong. At one time, so did the United States.
In addition to the execution of juveniles, some of the other U.S. youth incarceration issues include concerns over abuse and overcrowding in California's Youth Authority as well as the increasing practice of allowing more juveniles to be tried in adult criminal courts. From 1992 through 1997, forty-four states and the District of Columbia passed laws making it easier for juveniles to be tried as adults
If you feel these Juveniles deserve a voice to change their harsh sentencing then you are in the right place, if you think it will be difficult then welcome to my world..., it's time to act
The Write Step - One Child at a Time
Davontae Sanford, a developmentally disabled 16-year-old, sits in prison after his lawyer says he was coerced to confess to killing four people in a rumored drug house on Detroit's east side. An admission from a confessed hit man could finally win him a new trial.
Vincent Smothers, who had already confessed to killing at least seven people, including the wife of a Detroit police sergeant, also has admitted to being responsible for the September 2007 drug house killings on Runyon, according to police and Sanford's appeals lawyer.
We're hoping to get his plea withdrawn so he can go to trial in light of this new evidence, this was a false confession made by an adolescent who is a special-ed student and who reads on a third-grade level
We believe that if we can get enough people to write and mail letters to Vincent Smothers pleading with him to confess to the murders in court, he may have a change of heart and speak on Davontaes behalf.
Vincent Smothers, #295527
Ionia Correctional Facility
1576 W. Bluewater Highway
Ionia, MI 48846
http://mdocweb.state.mi.us/OTIS2/otis2profile.aspx?mdocNumber=295527
Together we could stand up for Davontae, write Vincent Smothers direct and make a plea for assistance on Davontae's behalf.
Vincent Smothers, #295527
Ionia Correctional Facility
1576 W. Bluewater Highway
Ionia, MI 48846
'Positive reinforcement encourages and perpetuates behavior. Attention is power. Whatever we give our attention to increases.'
You can read this request and then forget, or you can take hold of your pen and make a difference, which will you choose? -
Welcome To My World http://irishgreeneyes-welcometomyworld.blogspot.com/?spref=tw
Welcome To My World
irishgreeneyes-welcometomyworld.blogspot.com
http://ning.it/ronuXm
THE WRITE STEP FOR DAVONTAE SANFORD - Black Talk Radio Network™
blacktalkradionetwork.com
Davontae Sanford, a developmentally disabled 16-year-old, sits in prison after his lawyer says he was coerced to confess to killing four people in a rumore...
August 30, 2011 NATIONAL ACTION ALERT via Children Without a Voice, USA
by Children Without a Voice USA (CWAV, USA) on Tuesday, 30 August 2011 at 17:16
"It's about the journey - mine and yours - and the lives we can touch, the legacy we can leave, and the world we can change for the better." ~NFL Legend Tony Dungy
Your action needed!
10 Year Old Murdered, Twin Brother doused in Toxic Chemicals, Adoptive Parents Arrested, Palm Beach County, Florida
MIAMI (CBS4) - Prosecutors say they will seek the death penalty against Jorge and Carmen Barahona who are accused of torturing two of their adopted children and killing their adopted daughter 10-year old Nubia.
Originally the Barahonas had been charged with first degree murder in the death of Nubia and seven counts each of aggravated child abuse and neglect for their treatment of her and her twin brother Victor. Last week they were indicted by a grand jury which brought three more charges including a new count of neglect involving another of the couple's adopted children, an 11-year old boy.
The couple was formally arraigned Monday before Judge Sarah Zabel, both pled not guilty. In the courtroom, Jorge Barahona was wearing a green padded gown worn by prisoners on suicide watch. Both Carmen and Jorge Barahona had tried to waive this appearance, but Judge Zabel wanted them present so prosecutor Gail Levine could announce the state's decision concerning the death penalty in front of them. The decision was not unexpected. Three weeks ago, when additional charges were added in this case, Miami-Dade State Attorney Katherine Fernandez Rundle told CBS4's Gary Nelson, "If there ever was a case for the death penalty, it would be this one."
Carmen Barahona stared silently during the announcement while her husband shed tears; his public defender described him as emotionally unstable.
Also in attendance at the hearing was Joanne Muniz who said she came to represent Nubia who used to go to Blue Lakes Elementary School with her son.
"It's horrible, it's horrible," said Muniz. "It's terrible I was thinking I'm sitting in a court room waiting to see two people to come out, and waiting to hear what they've been charged with, people who have done something terrible to a child." Muniz told CBS4's Peter D'Oench, "I'm here for her, Nubia. It's important to remember the children who are at the core of this case. The children who are no longer here. I think in future we have to be more vigilant to prevent something from happening and even stay in touch with school administrators too."
Muniz said the Barahonas "look aged in court. They have a very frail look."
The Barahonas will likely remain behind bars until their trials because the murder charges against them carry no bond. A trial date of July 18th has been set.
According to Miami-Dade investigators the Barahonas beat Nubia to death in their home after a long history of abuse of both of her and her brother Victor. They often bound the children hand and foot, police claim, and forced them to sit in a bathtub for days on end.
In addition to the charges in Miami-Dade, Jorge Barahona has also been charged with attempted murder in Palm Beach County. Last Valentine's Day he was found in the front seat of his truck parked along I-95 in West Palm Beach along with Victor who was having a seizure. Police said the boy was suffering from severe chemical burns. In the back of the truck investigators found the decomposing body of Nubia.
The abuse of the twins was overlooked by caseworkers for the Department of Children and Families, despite a number of warning events. This prompted a blue-ribbon panel investigation, and a promise by DCF to change a number of procedures to help prevent cases like the Barahonas' from falling through the cracks. Victor and two other children adopted by the Barahonas have been placed in foster care. Barahona's attempted murder trial in Palm Beach County is set for January 30th, 2012.
Both CASES ARE BEING TRIED IN SEPERATE COUNTIES AS BOTH OCCURED AT DIFFERENT LOCATIONS.
NOTE TO ADVOCATE, WE ARE ONLY DOING AN AA FOR THE MOTHER'S CASE AT THIS TIME. WE HAVE ALREADY DONE AN AA FOR THE FATHER SEVERAL MONTHS BACK. THANK YOU!
Mother: Gail Levine is prosecutor handling Def Carmin Barahona in Miami (she killed the girl), 305-547-0100
debbiegromosaik@miami.sao.com
SAMPLE EMAIL:
(Please put defendant(s) name(s) in the subject heading of your email and mark high priority.
Dear Prosecutor Levine,
I would like to thank you for your public service and ask you to pursue maximum prosecutorial efforts and, upon conviction, maximum sentencing in the horrific abuse cases involving defendant Carmin Barahona
Children are the world's greatest natural resource and should be protected above all else on earth. We must send a loud message to the entire nation that child abuse of any kind and all crimes against children will no longer be tolerated!
Five CHILDREN DIE EACH DAY in America from neglect or abuse. There are nearly 3 million cases reported each year BUT, the Department of Justice says the number of abuse cases is actually 3 times higher, nearer to 9 million, as most go unreported. The effects of child abuse costs our nation over $100 billion per year.
Abuse is a willful act and 100% preventable through law enforcement and education. Americans want zero tolerance for all crimes against children and mandated parenting classes! We will be following this case.
Thank you for your public service,
Your Name,
Child Advocate
Child Advocate,
One Trial Coordinator needed to help follow up for when cases are going to trial. Approximately 2 hours a week, at your own pace. MUST HAVE excellent TIME MANAGEMENT AND verbal communications skills. Mostly emails, some phone calls. Must BE DEDICATED TO THIS CAUSE. PLEASE FILL OUT AN APPLICATION ON OUR WEBSITE'S VOLUNTEER PAGE.
We send 2-3 of these Action Alerts a week and it only takes a minute of your time. We thank you very much for your advocacy!
If you find it DIFFICULT to read these cases, then don't! Instead, simply skip the story BUT do send a quick email (sample email below the story) to the attorney listed. From the bottom of our hearts, CWAV thanks you and please, never stop being their voice.
SCROLL DOWN TO THE BOTTOM OF THIS ALERT, COPY THE SAMPLE EMAIL, CLICK ON THE EMAIL ADDRESS FOR THE PROSECUTOR, PASTE THE EMAIL AND CLICK SEND. IF YOU HAVE TIME, PLEASE PUT YOUR EMAIL IN YOUR OWN WORDS. SIGN THE EMAIL, WITH YOUR NAME AND, "CHILD ADVOCATE". IN CAPTITAL MURDER CASES, PLEASE LET YOUR FEELINGS BE KNOWN REGARDING THE DEATH PENALTY.
PLEASE EMAIL YOUR CONTACTS AND ASK THEM TO BECOME A CHILD ADVOCATE TODAY BY SIGNING UP FOR OUR ACTION ALERTS. IT ONLY TAKES A MINUTE OF THEIR TIME TO SEND AN ATTORNEY AN EMAIL. THE LINK IS
http://www.childrenwithoutavoiceusa.org/cms/node/21
Monday, 29 August 2011
MY HOLIDAY PROJECT.YOU ARE INVITED.
I cannot possibly help all kids imprisoned, but do what I can in campaigning for juvenile law reform
http://www.whoopassforjustice.org/viewforum.php?f=34
My goal for their holiday.for.just a card to them,
from those "out there", who care and would take the time to simply send
them a holiday card.all that is requested, is to send to me,
Knightgale at address below.
DEADLINE PLEASE.NLT 15 DEC, 2011.JUST place the name
of the child on the envelope.....I will send it on to them. Please
include inside the card, your full name and postal address, so they can
reply, if they wish to do so.
I hope you will join me in this special project venture........THANK YOU.
Knightgale
Compassion for Kids
102 McGriff Circle
Enterprise, Al. 36330-1952
KRISTA MCDANIEL, S.C.
CHRISTOPHER THRASHER, AL.
KURT DANYSH, PA
http://www.whoopassforjustice.org/viewforum.php?f=34
My goal for their holiday.for.just a card to them,
from those "out there", who care and would take the time to simply send
them a holiday card.all that is requested, is to send to me,
Knightgale at address below.
DEADLINE PLEASE.NLT 15 DEC, 2011.JUST place the name
of the child on the envelope.....I will send it on to them. Please
include inside the card, your full name and postal address, so they can
reply, if they wish to do so.
I hope you will join me in this special project venture........THANK YOU.
Knightgale
Compassion for Kids
102 McGriff Circle
Enterprise, Al. 36330-1952
KRISTA MCDANIEL, S.C.
CHRISTOPHER THRASHER, AL.
KURT DANYSH, PA
Remembering Chris Thrasher(16)LWOP(AL)
Remembering Chris Thrasher(16)LWOP(AL).... http://www.webspawner.com/user s/justus4chris/index.html
Sunday, 28 August 2011
THE WRITE STEP FOR DAVONTAE SANFORD
Davontae Sanford, a developmentally disabled 16-year-old, sits in prison after his lawyer says he was coerced to confess to killing four people in a rumored drug house on Detroit's east side. An admission from a confessed hit man could finally win him a new trial.
Vincent Smothers, who had already confessed to killing at least seven people, including the wife of a Detroit police sergeant, also has admitted to being responsible for the September 2007 drug house killings on Runyon, according to police and Sanford's appeals lawyer.
We're hoping to get his plea withdrawn so he can go to trial in light of this new evidence, this was a false confession made by an adolescent who is a special-ed student and who reads on a third-grade level
We believe that if we can get enough people to write and mail letters to Vincent Smothers pleading with him to confess to the murders in court, he may have a change of heart and speak on Davontaes behalf.
Together we could stand up for Davontae, write Vincent Smothers direct and make a plea for assistance on Davontae's behalf.
Vincent Smothers, #295527
Ionia Correctional Facility
1576 W. Bluewater Highway
Ionia, MI 48846
'Positive reinforcement encourages and perpetuates behavior. Attention is power. Whatever we give our attention to increases.'
You can read this request and then forget, or you can take hold of your pen and make a difference, which will you choose?
Friday, 26 August 2011
Ventura Youth Prison Rally, ABC News
Stop the abuse in CA's youth prisons - http://bit.ly/p5zoUg
http://youtu.be/Qn2iK3LH36U
8/21/2011. KEYT-ABC. Santa Barbara-Santa Maria-San Luis Obispo, CA - News at 6.
Monday, 22 August 2011
Law could lighten the sentences of California juvenile offenders serving life without parole
By Karen de Sá kdesa@mercurynews.com
http://t.co/Z9K3bhe |
California's practice of locking teenage offenders in prison for life without the possibility of parole would be upended under legislation just a few votes shy of reaching the governor's desk -- a change that would move the state closer to justice in conservative Texas and every other country in the world.The bill by state Sen. Leland Yee, D-San Francisco, would create a legal pathway but no certainty of release for juvenile offenders who currently have no option but to die behind bars.
If the bill passes the Assembly and is signed by the governor, it would allow those who committed crimes at age 17 or younger the option to petition the court for a "resentencing" hearing. With a judge's approval, life without the possibility of parole could be reduced to a 25-to-life sentence with the right to parole board hearings after a quarter-century in prison.
Sentencing minors to life with no chance to prove they could be worthy of release is "barbaric," according to more than 75 groups pushing for SB 9, ranging from the California Medical Association to the Buddhist Peace Fellowship. Supporters argue that mounting scientific research shows children's brains are underdeveloped, leading to impulsivity and groupthink and they therefore cannot be held to adult criminal standards. That very malleability, they say, also means juveniles can learn from even the most horrific mistakes and overcome them.
Children who commit serious crimes "are still
capable of growing, maturing and rehabilitating themselves," said John O'Toole, director of the Oakland-based National Center for Youth Law. "We can't just throw them away." These arguments have come under attack in Sacramento. Representing highway patrol officers and a 63,000-member police officer association, one of the state's most influential lobbyists spoke out at a recent bill hearing. Aaron Read testified that Yee's legislation is unnecessary because judges can already choose appropriate sentences. He said he resents the tone of discussions about "these youngsters," when many have committed heinous crimes like the 2004 slaying outside a Pomona courthouse of a California Highway Patrol officer.
After his 16-year-old killer was sentenced to life without parole, Officer Thomas Steiner's widow, Heidi, said she was comforted that her son would not have to grow up going to parole hearings.
"This is an exquisitely cruel bill," said John Lovell, lobbyist for the California Police Chiefs Association. He noted the bill's provision that offenders can petition for a reduced sentence after 15, 20 and 25 years in prison. "If this bill becomes law, the families of victims who have been murdered in the most callous, heinous murders will be forced to revisit those murders on three different occasions in the courts."
Yee, a child psychologist, said his bill does not "diminish the pain and the hurt and the suffering that these victims feel." But he added: "The question I would pose to them is what do we want to do as a society when an individual has accepted responsibility and turned their life around? If life is that valuable, you ought to give them a chance to come back out into society."
Under his bill, family members of victims could participate in hearings, but the court could also consider mental illness, developmental disabilities, childhood trauma and insufficient adult support. Petitioners would have to behave in prison and demonstrate remorse. They also would have to better their lives through high school equivalency courses or vocational programs.
Yee has attempted similar legislation before. This session's vote count is again down to a small group of undecided Democratic lawmakers. No Republicans are expected to vote for the bill.
The United States is the only country in the world that imprisons these youth offenders, who now number approximately 2,500, according to the University of San Francisco Law School's Center for Law & Global Justice.
The nation's Supreme Court has also recently weighed in. In 2005, the death penalty was ruled unconstitutional for juveniles, and last year the high court banned life without parole for minors who committed crimes that did not involve murder, describing it as cruel and unusual punishment.
State data show there are now 295 juvenile offenders serving life without the possibility of parole. The offenders committed crimes between ages 14 and 17, and have been tried as adults. Most were convicted of first-degree murder "with special circumstances."
But Human Rights Watch attorney Elizabeth Calvin found that in 45 percent of the cases, they did not pull the trigger. Some were teens involved in burglaries who fled the scene, stood lookout or rode in getaway cars.
Three-quarters of the offenders are black or Latino; six are women. Nationwide, according to Amnesty International, 59 percent are first-time offenders.
Such findings fueled the push for new sentencing laws, said Jody Kent Lavy, director of the Washington, D.C.-based Campaign for the Fair Sentencing of Youth. Eleven states and the nation's capital have no youth offenders serving life without parole, or do not allow such sentences. In recent years, Texas and Colorado have reversed course on the practice, and an additional dozen states have pending or early-stage legislation.
Lavy said unlike in California, there is bipartisan support, often including tough-on-crime Republicans.
Those now imprisoned include an Oakland 17-year-old, Clemeth Castille, who was heading to a Job Corps program when a friend lured him into a robbery where his co-defendant shot and killed a convenience store employee. Christian Bracamontes also followed a friend into a robbery that turned fatal. The shooter will have a chance at parole, but Bracamontes told Calvin that at age 16 he didn't understand that "aiding and abetting" a murder could land him in prison for life. He rejected several plea bargains.
Sara Kruzan is one of the rare cases. Raised by an abusive mother, she was hospitalized for severe depression and suicide attempts beginning at age 9. At 11, she was sexually assaulted by a pimp 20 years her senior who groomed her as a prostitute. At 16, she killed him in a motel room.
Now 33, Kruzan was granted clemency by former Gov. Arnold Schwarzenegger in January. She has served 16 years in prison and if Yee's bill passes she'd be eligible for parole in nine more years.
"It's a long, long process and this bill is not going to free anyone automatically or easily," said youth lawyer O'Toole. "What it does do is give people hope."
http://t.co/Z9K3bhe |
California's practice of locking teenage offenders in prison for life without the possibility of parole would be upended under legislation just a few votes shy of reaching the governor's desk -- a change that would move the state closer to justice in conservative Texas and every other country in the world.
If the bill passes the Assembly and is signed by the governor, it would allow those who committed crimes at age 17 or younger the option to petition the court for a "resentencing" hearing. With a judge's approval, life without the possibility of parole could be reduced to a 25-to-life sentence with the right to parole board hearings after a quarter-century in prison.
Sentencing minors to life with no chance to prove they could be worthy of release is "barbaric," according to more than 75 groups pushing for SB 9, ranging from the California Medical Association to the Buddhist Peace Fellowship. Supporters argue that mounting scientific research shows children's brains are underdeveloped, leading to impulsivity and groupthink and they therefore cannot be held to adult criminal standards. That very malleability, they say, also means juveniles can learn from even the most horrific mistakes and overcome them.
Children who commit serious crimes "are still
capable of growing, maturing and rehabilitating themselves," said John O'Toole, director of the Oakland-based National Center for Youth Law. "We can't just throw them away." These arguments have come under attack in Sacramento. Representing highway patrol officers and a 63,000-member police officer association, one of the state's most influential lobbyists spoke out at a recent bill hearing. Aaron Read testified that Yee's legislation is unnecessary because judges can already choose appropriate sentences. He said he resents the tone of discussions about "these youngsters," when many have committed heinous crimes like the 2004 slaying outside a Pomona courthouse of a California Highway Patrol officer.
After his 16-year-old killer was sentenced to life without parole, Officer Thomas Steiner's widow, Heidi, said she was comforted that her son would not have to grow up going to parole hearings.
"This is an exquisitely cruel bill," said John Lovell, lobbyist for the California Police Chiefs Association. He noted the bill's provision that offenders can petition for a reduced sentence after 15, 20 and 25 years in prison. "If this bill becomes law, the families of victims who have been murdered in the most callous, heinous murders will be forced to revisit those murders on three different occasions in the courts."
Yee, a child psychologist, said his bill does not "diminish the pain and the hurt and the suffering that these victims feel." But he added: "The question I would pose to them is what do we want to do as a society when an individual has accepted responsibility and turned their life around? If life is that valuable, you ought to give them a chance to come back out into society."
Under his bill, family members of victims could participate in hearings, but the court could also consider mental illness, developmental disabilities, childhood trauma and insufficient adult support. Petitioners would have to behave in prison and demonstrate remorse. They also would have to better their lives through high school equivalency courses or vocational programs.
Yee has attempted similar legislation before. This session's vote count is again down to a small group of undecided Democratic lawmakers. No Republicans are expected to vote for the bill.
The United States is the only country in the world that imprisons these youth offenders, who now number approximately 2,500, according to the University of San Francisco Law School's Center for Law & Global Justice.
The nation's Supreme Court has also recently weighed in. In 2005, the death penalty was ruled unconstitutional for juveniles, and last year the high court banned life without parole for minors who committed crimes that did not involve murder, describing it as cruel and unusual punishment.
State data show there are now 295 juvenile offenders serving life without the possibility of parole. The offenders committed crimes between ages 14 and 17, and have been tried as adults. Most were convicted of first-degree murder "with special circumstances."
But Human Rights Watch attorney Elizabeth Calvin found that in 45 percent of the cases, they did not pull the trigger. Some were teens involved in burglaries who fled the scene, stood lookout or rode in getaway cars.
Three-quarters of the offenders are black or Latino; six are women. Nationwide, according to Amnesty International, 59 percent are first-time offenders.
Such findings fueled the push for new sentencing laws, said Jody Kent Lavy, director of the Washington, D.C.-based Campaign for the Fair Sentencing of Youth. Eleven states and the nation's capital have no youth offenders serving life without parole, or do not allow such sentences. In recent years, Texas and Colorado have reversed course on the practice, and an additional dozen states have pending or early-stage legislation.
Lavy said unlike in California, there is bipartisan support, often including tough-on-crime Republicans.
Those now imprisoned include an Oakland 17-year-old, Clemeth Castille, who was heading to a Job Corps program when a friend lured him into a robbery where his co-defendant shot and killed a convenience store employee. Christian Bracamontes also followed a friend into a robbery that turned fatal. The shooter will have a chance at parole, but Bracamontes told Calvin that at age 16 he didn't understand that "aiding and abetting" a murder could land him in prison for life. He rejected several plea bargains.
Sara Kruzan is one of the rare cases. Raised by an abusive mother, she was hospitalized for severe depression and suicide attempts beginning at age 9. At 11, she was sexually assaulted by a pimp 20 years her senior who groomed her as a prostitute. At 16, she killed him in a motel room.
Now 33, Kruzan was granted clemency by former Gov. Arnold Schwarzenegger in January. She has served 16 years in prison and if Yee's bill passes she'd be eligible for parole in nine more years.
"It's a long, long process and this bill is not going to free anyone automatically or easily," said youth lawyer O'Toole. "What it does do is give people hope."
Contact Karen de Sá at 408-920-5781.
Sunday, 21 August 2011
For juvenile lifers, a chance
No other country in the world sentences youth offenders to life without parole. SB 9 would offenders sentenced as minors to life without parole a chance to request a parole hearing. (Los Angeles Times)
latimes.com/news/opinion/editorials/la-ed-sb9-20110821,0,3718331.story
latimes.com
SB 9 would let youthful offenders request a parole hearing. That's both sensible and humane.
Advertisement |
California lawmakers have repeatedly missed opportunities to bring some fairness, rationality and humanity to juvenile sentencing. They get another chance this week, and they should take it. The Assembly should pass SB 9, a bill to give offenders sentenced as minors to life without parole a chance to request a parole hearing.
Assembly Democrats who have voted against earlier versions of this bill for fear of being labeled soft on crime should look at the facts. SB 9 would not automatically open prison doors for violent criminals. It would not eliminate life-without-parole sentences for any offender, adult or juvenile. It would merely give inmates serving life terms for crimes they committed before they turned 18 a limited opportunity to seek a 25-years-to-life sentence — and for the first time, a slim chance of parole before they die.
California currently has 295 people serving non-parolable sentences for crimes they committed in their youth. Most were involved in homicides, but about 45% of them never pulled the trigger; they were convicted because they acted as lookouts or were involved in a concurrent crime when the homicide took place, usually at the hands of an adult accomplice. Underscoring the barbarity of the no-parole sentences is the fact that the actual killer often serves a shorter sentence or at least is eligible for parole.
Most other states, and every other nation in the world, have rejected juvenile life-without-parole sentences because they recognize the basic truth that juveniles are fundamentally different from adults. Their brains are less developed. They are less able to control their impulses. They are less capable of moral reasoning. They have less emotional power to resist peer pressure. They have a greater capacity to be rehabilitated, if given the chance.
They still should be held responsible for heinous crimes, and even sentenced to life in prison if appropriate. But the chance to get out provides a sliver of hope and a reason for self-improvement. Prison culture often rewards bad behavior, and youths who are locked up for life have less incentive to rehabilitate if they know they'll never be released. Giving these offenders hope for a future has the additional benefit of improving prison safety.
Another advantage of SB 9 is that California taxpayers would save money. The cost of new court and parole hearings would be more than made up for by the savings the state would reap by paroling former child felons. And the bill would help divert the state from two policy dead-ends: filling overburdened prisons with inmates devoid of hope, and dismissing young people who fall into lives of violence as incapable of redemption.
There are racial implications as well. Nationwide, young African Americans are sentenced to life without parole at 10 times the rate of white youths who committed similar crimes. Latinos are sentenced at five times the rate. Racial disparities in sentencing warrant a much broader examination, but in the meantime the differences in rates among races with non-parolable life sentences point to inequity — and cruelty — in the justice system.
The most noteworthy aspect of SB 9 is how astonishingly modest it is. It would apply only to people sentenced for crimes they committed before they turned 18. After serving 15 years, they could apply for a resentencing hearing. If such a hearing were granted, they could ask the judge to commute their sentences to 25 years to life. If resentenced, prisoners would still have to convince the parole board that they were remorseful and had made gains in rehabilitation — after serving a quarter of a century in prison. They could seek rehearings a maximum of three times, the first after serving 15 years, when most would be in their 30s and well into adulthood. They would get a second chance for resentencing after serving 20 years, and a final chance after 25 years.
This bill is even narrower than earlier versions. Similar steps have been taken by states, such as Texas, that once were dismissed in some parts of the country as intolerant and unenlightened but recently have jumped ahead of California in implementing compassionate juvenile justice and prison policy. The Legislature has dithered long enough on eliminating juvenile life without parole. It's time to pass the bill and send it to Gov. Jerry Brown for signature
Saturday, 20 August 2011
The Farrell Litigation
This is an introduction to the Farrell Litigation. It is the history of a lawsuit that changed the face of juvenile justice in California and grew out of the advocacy efforts of many individuals and organizations.
In 2003, the Prison Law Office brought forth a sweeping indictment of the policies and practices of the California Youth Authority (now known as DJF, or the Division of Juvenile Facilities), citing widespread neglect and abuse of juvenile wards in state custody.
This film details the history leading up to the lawsuit, details of the suit, and the consent decree, which was reached.
Juvenile Justice in America
Controversy Fair Project for PSY333C
Burundi: Boys Behind Bars
Burundi has no juvenile justice system and children above the age of 15 are tried as adults. By law any child under that age should not be imprisoned, but in a country recovering from civil war and where record keeping is scant, many underage children are slipping through the net and are being locked up. There is no legal aid, and there are only 106 lawyers for a population of over eight million people.
This is one of the reasons why three quarters of children are being held for long periods without trial. While wrongly imprisoned for two years, 62-year-old Pierre-Claver Mbonimpa found the body of a child prisoner who had been murdered. The incident affected him deeply and he decided to spend the rest of his life defending victims of injustice.
Friday, 19 August 2011
Prosecutors want teen suspect in principal's death tried as an adult Conviction would mean at least 51 years in prison
By Beth Warren
Meanwhile, the teen, Eduardo Marmolejo, is blending in with the jail population at the Shelby County Juvenile Detention Center.
"He's behaving like a normal 16-year-old," said Rick Powell, who oversees the detention center. "He seems like he doesn't understand how serious this is."
Marmolejo, who has no prior criminal history, is charged with first-degree murder -- a killing that is deliberate and premeditated.
Shelby County Dist. Atty. Amy Weirich said during a phone interview Friday: "We will ask the Juvenile Court judges to transfer him to 201 Poplar (the Criminal Justice Center) to be tried as an adult."
If convicted as an adult, he would have to serve 51 years before he was eligible for parole.
Marmolejo has been attending classes and exercising alongside other juvenile detainees.
"I think he knows he did something wrong, but I don't think he realizes the consequences," Powell said. "It just looks like it hasn't sunk in."
Police arrested Marmolejo at Memphis Junior Academy, a Seventh-day Adventist school in East Memphis where the body of Suzette York, 49, was found on the morning of the third day of the school year.
Detectives said the teen told them he didn't like York -- who also taught classes at the small school -- and had plotted her death since May, when he learned he alone would be in her 11th-grade class.
This is the first killing at a Memphis school since 2004, when six students ganged up on 15-year-old Tarus Williams in the bathroom of Westside High School to hit him during a "beat in" as part of a gang initiation.
In that case, prosecutors were convinced the students did not mean to kill Williams, and so they were charged with reckless homicide as minors.
Weirich said she can't think of a case of first-degree murder where the Juvenile Court judge didn't agree to transfer the case to adult court.
That decision in Marmolejo's case is expected at an Aug. 24 hearing.
-- Beth Warren: (901) 529-2383
Boy Gets Psych Eval; Mom, New Lawyer Mother Asks To Be Released From Jail To Attend Slain Son's Funeral
http://www.news4jax.com/news/28892512/detail.html
JACKSONVILLE, Fla. -- A 12-year-old charged with killing his younger brother is getting an additional psychological evaluation and his mother will receive her third lawyer since being charged with negligent manslaughter in the case two months ago.Cristian Fernandez was charged as a juvenile shortly after the beating death of his 2-year-old half brother, David Galarriago, in March. In June, he was indicted as an adult on the murder charge.Fernandez is the youngest person in Duval County to face a first-degree murder charge, and the case has generated international interest.
Defense attorneys are hoping results of the psychological evaluation will assist efforts to reduce the charges against Fernandez, or assist in reaching a plea agreement. The boy is due back in court on Sept. 1.On Tuesday, the attorney for the boy's mother, Biannela Susana, asked to withdraw for the case due to a conflict of interest, and that motion was granted.Attorneys for Susana, who is being held on $1 million bond, have also asked that she be released from jail so she can attend her 2-year-old son's funeral. That request is pending.She will be back in court Thursday for another pretrial hearing.
Video:
New Judge In 12-Year-Old's Case Fernandez Back In Juvenile Detention Center
12-Year-Old Murder Suspect In Court
Court Documents: Cristian Fernandez Indictment
Defense Motion For Reasonable Pretrial Detention State Response To Keep Boy In Adult Jail
Petition For Termination Of Parental Rights
Arrest Reports: Cristian Fernandez B. Susana
Previous Stories:
- July 21, 2011: 12-Year-Old In Court On Murder Charge
- July 5, 2011: DCF Asking Judge To Take Kids From Mom
- July 2, 2011: Pretrial Publicity Affects Murder Case
- June 30, 2011: New Judge Assigned To Boy's Murder Case
- June 27, 2011: Boy In Juvenile Center; Debate Continues
- June 24, 2011: Judge Returns Boy To Juvenile Center
- June 23, 2011: Judge Takes Self Off Boy's Murder Case
- June 17, 2011: Group Protests Boy's Adult Murder Charge
- June 15, 2011: DCF To Judge: Take Kids From Mom
- June 11, 2011: DCF Documents Abuse In Toddler's Death
- June 9, 2011: Child-On-Child Crimes More Frequent
- June 8, 2011: Boy, 12, Arraigned On Murder Charge
- June 8, 2011: Can 12-Year-Old Be Rehabbed As Juvenile?
- June 8, 2011: Reporter Notebook: 12-Year-Old In Shackles
- June 8, 2011: Slain Girl's Mom Questions Murder Charge
- June 6, 2011: Murder Suspect's Mom's Rights At Risk
- June 4, 2011: Corey: Age, Abuse No Excuse For Murder
- June 3, 2011: Attorney: 12-Year-Old Has Troubled Past
- June 2, 2011: Boy, 12, Indicted In Brother's Killing
"West Memphis Three" freed after 18 years
In Ark., three convicted murderers, known as the "West Memphis 3" were released from prison. The men have spent nearly two decades locked up for the gruesome murders of three young boys. Manuel Gallegus reports.
12-year-old boy sentenced to 30 years in jail
Paul Henry Gingerich, a 12 year-old boy, was tried as an adult in a homicide case in Indiana earlier this year. He was given 30 years for assisting the killing of friend's step-father. Gingerich didn't fire a shot but was given the same punishment as his friend who fired two. The courts determined that there was no hope for this former straight-A student. Monica Foster, Gingerich's attorney, gives us her take on the case.
Follow Kristine on Twitter at http://twitter.com/Frazzie
Thursday, 18 August 2011
dandailey
http://wp.me/pLwBV-25V
I haven’t written about Alex King or James Prindle for a while, so I want to fill you in on the latest news about them and Blade Reed, too.
I just got off the phone with Alex, and his spirits are good. He is helping one of his fellow inmates at the Escambia County Jail to prepare for the GED, and Alex has begun attending weekly Bible study classes offered at the jail by one of the local churches. He has also been making plans for the worst-case and wants to learn barbering (which he says would be a desirable prison work assignment if he ends up serving more time).
Alex has asked me to ask you for the following paperback books: a King James version study Bible (his standard Bible is not up to the task) and an illustrated book on basic barbering. He also wants to re-read all the Harry Potter books, but reminds me that they should not all be sent at once because the number of books he is allowed is limited by the jail.
Please let me know before ordering any of these books so we can avoid duplications. Alex’s address is: Alex King c/o Escambia County Jail; Blue 2 Green 5B; PO Box 17800; Pensacola, FL 32522.
Also, I have just sent another payment to Amber for her brain tumor medications, and Alex’s funds are now down to about $100. If you would care to help us replenish his fund, you may do so by please making a donation through www.kingbrostrust.org.
At his last court appearance (a status hearing) on August 10th, for a second time 16-year-old James Prindle asked Judge Bobby Carter for a new lawyer, and his request was denied. “I don’t want to hear this again,” Carter said. But James is adamant that his lawyer is not on his side. He intends to ask the judge again for a new lawyer at his next appearance on August 29th. If James’ request is denied again, he says he will defend himself pro se (alone, without a lawyer). “I don’t want to have to do that,” James says. “I’m scared, but if I have to (defend myself), I will.”
In the meantime, James’ mother Monica Sanders has apparently been flirting with the idea of reconciling with her son. She contacted me through the blog and said, “I have always had my doubts (about James’ guilt).” Uh-huh. Somehow James learned that his mother had intended to visit him on a Friday, but she never showed. She didn’t make it there the following Monday, either. I’d let her know that James was expecting her to visit.
Says James: “To be charged with rape and abusing my little sister is worse than death to me. I always hated people who could to that. To be accused of it, it's like being a murderer. To have my mom believe it, it’s ten times worse. I would never hurt my little sister, ever.
“I miss my mom. She was there for me every time before. She ran interference for me, so I wouldn't get beaten with a belt or cords. It hurts that she's not here now. I love her, but she dropped me—and she said she hates me. I cannot tell you how that feels inside.”
There was a tremendous amount of reader interest in my recent posts about Blade, but we are still only a third of the way towards our goal of $1,700 for the costs of preparing a writ of habeas corpus.
To give you an idea of how important this is, a writ of habeas corpus (Latin for "you may have the body") is a legal action through which a prisoner can be released from unlawful detention. It safeguards an individual’s freedom against arbitrary state action. The US Constitution specifically includes the habeas procedure in the Suspension Clause, located in Article One, Section 9, and requires a court to inquire into the legitimacy of a prisoner's custody.
We will be raising at least four issues leading to Blade’s abusive custody at the Wabash Valley adult prison: Blade’s mental age at the time of the murder, statements made by the judge at Blade’s waiver hearing, misrepresentations by Blade’s court-appointed attorney concerning important procedural matters, and new evidence documenting Blade’s autism and PTSD.
Blade is indigent and has only us to rely on. Please help if you can by sending a gift in any amount through PayPal to info-at-wandervogel-dot-com.
I haven’t written about Alex King or James Prindle for a while, so I want to fill you in on the latest news about them and Blade Reed, too.
Alex King
Tomorrow is Alex’s arraignment on special prosecutor Brandon Young’s bogus felony charge for the traffic accident. As you will recall from past Diary posts, Young decided to upgrade Alex’s misdemeanor charge for “leaving the scene of an accident” to the more serious charge of “hit and run,” a felony, because Alex insisted on taking the misdemeanor charge to trial (as was his right, as well as a necessity).
Why should Alex have contested the misdemeanor charge? Because a conviction for even a misdemeanor could have been used by the State of Florida to justify the Violation of Probation filed by the Florida Department of Corrections—which is itself also bogus. (This is a bureaucratic vendetta, not justice.)I just got off the phone with Alex, and his spirits are good. He is helping one of his fellow inmates at the Escambia County Jail to prepare for the GED, and Alex has begun attending weekly Bible study classes offered at the jail by one of the local churches. He has also been making plans for the worst-case and wants to learn barbering (which he says would be a desirable prison work assignment if he ends up serving more time).
Alex has asked me to ask you for the following paperback books: a King James version study Bible (his standard Bible is not up to the task) and an illustrated book on basic barbering. He also wants to re-read all the Harry Potter books, but reminds me that they should not all be sent at once because the number of books he is allowed is limited by the jail.
Please let me know before ordering any of these books so we can avoid duplications. Alex’s address is: Alex King c/o Escambia County Jail; Blue 2 Green 5B; PO Box 17800; Pensacola, FL 32522.
Also, I have just sent another payment to Amber for her brain tumor medications, and Alex’s funds are now down to about $100. If you would care to help us replenish his fund, you may do so by please making a donation through www.kingbrostrust.org.
James Prindle
At his last court appearance (a status hearing) on August 10th, for a second time 16-year-old James Prindle asked Judge Bobby Carter for a new lawyer, and his request was denied. “I don’t want to hear this again,” Carter said. But James is adamant that his lawyer is not on his side. He intends to ask the judge again for a new lawyer at his next appearance on August 29th. If James’ request is denied again, he says he will defend himself pro se (alone, without a lawyer). “I don’t want to have to do that,” James says. “I’m scared, but if I have to (defend myself), I will.”
In the meantime, James’ mother Monica Sanders has apparently been flirting with the idea of reconciling with her son. She contacted me through the blog and said, “I have always had my doubts (about James’ guilt).” Uh-huh. Somehow James learned that his mother had intended to visit him on a Friday, but she never showed. She didn’t make it there the following Monday, either. I’d let her know that James was expecting her to visit.
Says James: “To be charged with rape and abusing my little sister is worse than death to me. I always hated people who could to that. To be accused of it, it's like being a murderer. To have my mom believe it, it’s ten times worse. I would never hurt my little sister, ever.
“I miss my mom. She was there for me every time before. She ran interference for me, so I wouldn't get beaten with a belt or cords. It hurts that she's not here now. I love her, but she dropped me—and she said she hates me. I cannot tell you how that feels inside.”
Blade Reed
There was a tremendous amount of reader interest in my recent posts about Blade, but we are still only a third of the way towards our goal of $1,700 for the costs of preparing a writ of habeas corpus.
To give you an idea of how important this is, a writ of habeas corpus (Latin for "you may have the body") is a legal action through which a prisoner can be released from unlawful detention. It safeguards an individual’s freedom against arbitrary state action. The US Constitution specifically includes the habeas procedure in the Suspension Clause, located in Article One, Section 9, and requires a court to inquire into the legitimacy of a prisoner's custody.
We will be raising at least four issues leading to Blade’s abusive custody at the Wabash Valley adult prison: Blade’s mental age at the time of the murder, statements made by the judge at Blade’s waiver hearing, misrepresentations by Blade’s court-appointed attorney concerning important procedural matters, and new evidence documenting Blade’s autism and PTSD.
Blade is indigent and has only us to rely on. Please help if you can by sending a gift in any amount through PayPal to info-at-wandervogel-dot-com.
۞
Groove of the Day
Editorial: Tough-love not always wise course in juvenile justice
http://t.co/ikUJikW
The tough-love approach to juvenile justice undertaken in the 1980s and ’90s was designed to send a message to frighten would-be young criminals.
You get caught, you go to jail.
To an extent it worked, at least for awhile.
The question some officials are asking now is at what price.
Although removing an offender from the community has an immediacy to it that provides a sense of security, there are no conclusive indications it addresses the longer-term problem of preventing children from becoming adult criminals.
Many judges found themselves limited in the options available to them and there was little “in-between” punishment to take into account such questions as whether the child was likely to be a repeat offender, what removing them from the family structure would do or whether jail was truly warranted.
Several studies have indicated the majority of juveniles in institutions — 40 to 60 percent — are not felony offenders and present no signs of chronic criminal behavior. A review of 1,300 juvenile criminals showed prison did nothing more to prevent recidivism than did other forms of punishment, including probation.
Now, youth justice advocates are starting to review the benefits of community treatment instead of incarceration.
“The way we address and punish delinquent minors has a lasting effect on the life of the child, and extends into adulthood. If we can make it easier for them to better their lives and avoid creating a lifelong criminal, we should exhaust every other alternative before confinement,” said Maywood Democratic state Rep. Karen D. Yarbrough.
That prompted her to become the chief sponsor of House Bill 83, which was signed into law Tuesday. It requires juvenile court judges to consider educational and mental health needs of the offender to make certain the sentence is the best possible. In essence, it is directing juvenile court officials in Illinois to study all the options rather than just giving up on the child and continuing a sad cycle that continues for years.
Critics see it as a costly proposition that is akin to holding hands and singing “Kumbaya” while ignoring the criminal act.
To the contrary, community treatment often costs less than incarceration. It also does not tie a judge’s hands in sending juveniles to prison when warranted.
Absolutely, there are crimes when prison is the best option.
It should not be the only choice, though.
You get caught, you go to jail.
To an extent it worked, at least for awhile.
The question some officials are asking now is at what price.
Although removing an offender from the community has an immediacy to it that provides a sense of security, there are no conclusive indications it addresses the longer-term problem of preventing children from becoming adult criminals.
Many judges found themselves limited in the options available to them and there was little “in-between” punishment to take into account such questions as whether the child was likely to be a repeat offender, what removing them from the family structure would do or whether jail was truly warranted.
Several studies have indicated the majority of juveniles in institutions — 40 to 60 percent — are not felony offenders and present no signs of chronic criminal behavior. A review of 1,300 juvenile criminals showed prison did nothing more to prevent recidivism than did other forms of punishment, including probation.
Now, youth justice advocates are starting to review the benefits of community treatment instead of incarceration.
“The way we address and punish delinquent minors has a lasting effect on the life of the child, and extends into adulthood. If we can make it easier for them to better their lives and avoid creating a lifelong criminal, we should exhaust every other alternative before confinement,” said Maywood Democratic state Rep. Karen D. Yarbrough.
That prompted her to become the chief sponsor of House Bill 83, which was signed into law Tuesday. It requires juvenile court judges to consider educational and mental health needs of the offender to make certain the sentence is the best possible. In essence, it is directing juvenile court officials in Illinois to study all the options rather than just giving up on the child and continuing a sad cycle that continues for years.
Critics see it as a costly proposition that is akin to holding hands and singing “Kumbaya” while ignoring the criminal act.
To the contrary, community treatment often costs less than incarceration. It also does not tie a judge’s hands in sending juveniles to prison when warranted.
Absolutely, there are crimes when prison is the best option.
It should not be the only choice, though.
Wednesday, 17 August 2011
U.S. is only nation where juveniles can serve life sentence, should that change?
io
The California legislature on Wednesday will vote on the Fair Sentencing for Youth Act, or SB 9, which would enable juvenile offenders to petition the courts for changes in their life sentences.
SB 9 would permit inmates who had exhibited signs of rehabilitation and remorse to ask for a case review after 15 years of incarceration, in which they could be re-sentenced to 25 years to life. After serving 25 years, offenders would be eligible for parole, though they would need to go before a special board for examination prior to their release.
Adam Keigwin, Yee's cheif of staff, told Patt Morrison that nearly 300 Juveniles are serving these no-parole sentences in California prisons, and that some are serving them unjustly. “Half of these kids who are serving parole were not the trigger person, they were a look out, they were found guilty of being an accomplice." Under California's felony murder rule, the accomplice can be found as legally culpable as the actual killer. "Sometimes they didn't even realize a murder was going to take place,” say Keigwin. “They thought they were robbing a store and something went horribly wrong.”
Critics point out that America is currently the only nation in the world to uphold this type of policy. Opposition in Texas already banned a bill similar to Prop. 115 in 2009, and in 2010 the U.S. Supreme Court found the practice unconstitutional on the grounds that it violated the cruel and unusual clause of the Constitution when minors had not committed murder.
Keigwin says that findings about human brain development were key to Yee's bill. “We're talking about kids, we're talking about individuals who's brains have not fully matured, who make decisions based upon that immature brain that they would never make years later,” he said. “ And so, all we're saying is fifteen years after the fact, where you are now into your 30s—where your brain is fully developed—and you maybe could make a different decision based on that brain development; that you get that opportunity.”
Daniel Horowitz is a criminal defense and white collar crime attorney. His wife, Pamela Vitale, was brutally murdered murdered by a 16-year-old. That man is serving a life sentence without parole, and Horowitz says Lee's proposal i “like letting the vampires out to to free the few people who are wrongly committed.”
He says recidivism rates among California criminals are very high, and questions whether or not the remorse these juveniles show is sincere.
Keigwin agrees that the crime against Horowitz's wife was tragic, and says someone murderers like that would never be released. Keigwin says he has not seen a single person released after a 25-to-life sentence commit a heinous crime. He says part of the problem lies with a criminal justice system he says that virtually ignores juveniles sentenced to life. “We lock you up we throw away the key, we don't give you any services whatsoever," said Keigwin, "all that does is really harden this individual.”
Horowitz says this is exactly the reason why these people should not have the option for parole, and says he has asked Lee to consider an alternative plan that changes the prison system and focuses on rehab.
Sponsored by Democratic senator and child psychologist Leland Yee of San Francisco, SB 9 is trying to reform the state’s current practice of sentencing juveniles to life without parole, which was instituted after California voters approved Proposition 115 in the wake of a 1980s crime spike.
SB 9 would permit inmates who had exhibited signs of rehabilitation and remorse to ask for a case review after 15 years of incarceration, in which they could be re-sentenced to 25 years to life. After serving 25 years, offenders would be eligible for parole, though they would need to go before a special board for examination prior to their release.
Adam Keigwin, Yee's cheif of staff, told Patt Morrison that nearly 300 Juveniles are serving these no-parole sentences in California prisons, and that some are serving them unjustly. “Half of these kids who are serving parole were not the trigger person, they were a look out, they were found guilty of being an accomplice." Under California's felony murder rule, the accomplice can be found as legally culpable as the actual killer. "Sometimes they didn't even realize a murder was going to take place,” say Keigwin. “They thought they were robbing a store and something went horribly wrong.”
Critics point out that America is currently the only nation in the world to uphold this type of policy. Opposition in Texas already banned a bill similar to Prop. 115 in 2009, and in 2010 the U.S. Supreme Court found the practice unconstitutional on the grounds that it violated the cruel and unusual clause of the Constitution when minors had not committed murder.
Keigwin says that findings about human brain development were key to Yee's bill. “We're talking about kids, we're talking about individuals who's brains have not fully matured, who make decisions based upon that immature brain that they would never make years later,” he said. “ And so, all we're saying is fifteen years after the fact, where you are now into your 30s—where your brain is fully developed—and you maybe could make a different decision based on that brain development; that you get that opportunity.”
Daniel Horowitz is a criminal defense and white collar crime attorney. His wife, Pamela Vitale, was brutally murdered murdered by a 16-year-old. That man is serving a life sentence without parole, and Horowitz says Lee's proposal i “like letting the vampires out to to free the few people who are wrongly committed.”
He says recidivism rates among California criminals are very high, and questions whether or not the remorse these juveniles show is sincere.
Keigwin agrees that the crime against Horowitz's wife was tragic, and says someone murderers like that would never be released. Keigwin says he has not seen a single person released after a 25-to-life sentence commit a heinous crime. He says part of the problem lies with a criminal justice system he says that virtually ignores juveniles sentenced to life. “We lock you up we throw away the key, we don't give you any services whatsoever," said Keigwin, "all that does is really harden this individual.”
Horowitz says this is exactly the reason why these people should not have the option for parole, and says he has asked Lee to consider an alternative plan that changes the prison system and focuses on rehab.
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