Showing posts with label Juvenile Sentencing. Show all posts
Showing posts with label Juvenile Sentencing. Show all posts

Thursday, May 20, 2010

Supreme Court Declares Life Without Parole Sentences for Children in Non-Homicide Cases Unconstitutional

NAACP LDF Amicus Brief Cited in Court’s Opinion!

(New York, NY) – On Monday the 17th, the United States Supreme Court declared that children convicted of non-homicide offenses cannot be sentenced to life in prison without the possibility of parole. The Court concluded that because adolescents are, by nature, less culpable than adults and because life without parole is an extreme sentence which is rarely imposed on teenagers, it is cruel and unusual punishment to sentence a child who has not killed to life without possibility of parole. The Court explained that “[a] life without parole sentence improperly denies the juvenile offender a chance to demonstrate growth and maturity. Incapacitation cannot override all other considerations, lest the Eighth Amendment’s rule against disproportionate sentences be a nullity.”

“Today the Supreme Court recognized that children convicted of non-homicide crimes have the potential to become contributing members of society and that certain life sentences run afoul of the Eighth Amendment’s ban on cruel and unusual punishment,” said John Payton, LDF’s President and Director-Counsel.

The NAACP Legal Defense Fund (LDF), along with the National Association of Criminal Defense Lawyers (NACDL) and the Charles Hamilton Houston Institute for Race and Justice (CHHIRJ) filed a friend of the court brief challenging the constitutionality of juvenile life without parole sentences. In declaring these sentences unconstitutional, Justice Anthony Kennedy, writing for the majority of the Court, noted that the NAACP LDF’s brief properly identified the “special difficulties encountered by counsel in juvenile representation” and that “the features that distinguish juveniles from adults put them at a significant disadvantage in criminal proceedings. Specifically, juveniles mistrust adults and have limited understandings of the criminal justice system and the roles of the institutional actors within it. They are less likely than adults to work effectively with their lawyers to aid in their defense.” LDF’s brief also noted the stark racial disparities in juvenile life without parole sentencing -- African-Americans constitute 60% of the youth serving such sentences.

The United States is the only country in the world that permits adolescents to be sentenced to life imprisonment without possibility of parole. Currently there are more than 2500 teenagers serving life without parole sentences for crimes they committed under the age of 18. One-hundred-and-twenty-nine of those young people were convicted of crimes that did not result in death.

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Tuesday, December 15, 2009

Wichita NAACP to begin a Debate Program within the Judge Riddel Boys Ranch Juvenile Corrections facility



On January 23rd, the Wichita Branch NAACP will start a first-of-it's kind debate program at the Judge Riddel Boys Ranch (JRBR).

The JRBR serves male juvenile offenders with serious behavior problems from an urban setting, ages 13-17, that have been found guilty in juvenile court and ordered into state’s custody for placement outside their homes at a community-based residential program. Approximately 50% of the juveniles are in custody for misdemeanor offenses, after they have failed standard probation and intensive probation in the community. The other half are felony offenders, including those with convictions for person crimes such as aggravated robbery, aggravated assault and aggravated burglary. JRBR youth are typically very far behind in their education; many need outpatient substance abuse treatment, mental health care and counseling to address criminal behavior, anger management, empathy, grief and family issues.

Through our structured debate program, we will model and teach effective communication, critical thinking, rules of decorum, and conflict resolution skills, that will serve them long after they returned to their families and community. Through this program, we plan to drive down recidivism rates by working directly with juvenile offenders and at-risk youth and equipping them with the skills they need to express themselves in a positive manner, to advocate on their own behalf, to bring about change through reason, and to traverse difficult and trying situations without resorting to anger or anti-social behaviors.

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Thursday, December 10, 2009

The Kansas State Disproportionality Task Force releases its report and recommendations



Longtime readers of the blog may remember that we have been working to bring real reform to the Child Welfare system since 2004, and have posted numerous articles detailing our efforts since the blogs inception back in 2007:

08/2007: The Wichita NAACP joins with Youthville in an effort to encourage more African American families to become foster parents 
05/2008: Wichita Branch NAACP Legal Redress Chair to meet with Kansas SRS Secretary Don Jordon 
09/2008: Progress report on Sedgwick County Child Welfare issues 
11/2008: Governor Sebelius agrees to examine disproportionalities in Child Welfare and Juvenile Justice systems 
12/2008: The Wichita Eagle reports on the Wichita NAACP's Child Welfare efforts 
02/2009: Current Branch Legislative and Policy Projects 
02/2009: Legislative Action Alert - CINC notification (HB2303) and Insurance Premiums and Credit Scores (SB203) need your attention 
03/2009: The Kansas Disproportionality Study Gets Underway 

As reported back in September of 2008 (see the "Progress Report" link above), a team from the Wichita Branch NAACP consisting of Mary Dean, Carolyn Wallace, and President Kevin Myles, traveled to the State Capitol to meet with the Governor's office and present the results of our multi-year internal study of Child Welfare issues. We asked at the conclusion of our presentation that the Governor would commission a more detailed and larger scaled study of disproportionalities in the Child Welfare system throughout the State. The Governor's office agreed and in November of 2008 Governor Sebelius announced that they would form a statewide taskforce to look at issues of disproportionality in both the Child Welfare and Juvenile Justice systems. In March of this year, research teams throughout the State were formally assembled. Dozens of people were brought together from Law Enforcement, Child Welfare, Foster Care and placement, Corrections Staff, Legislators, Parents, Educators, concerned citizens, and the NAACP, all looking for ways to reform the system and eliminate the disparities...

The Task force has now completed it's work - the study is finished and the recommendations will now go to the Governor's office for consideration and approval. The Wichita Branch participated as a part of the Sedgwick County team. For us, this is the culmination of almost 6 years worth of study, travel, and work. Now we will gear up to lobby the legislature for the full adoption and funding of our specific and detailed recommendations.

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Sunday, November 22, 2009

Help put a stop to the practice of sentencing Juveniles to Life without Parole



In July of 2009, delegates to the NAACP National Convention approved a resolution to condemn the practice of sentencing Juveniles to Life without Parole sentences. The Resolution also called upon branches to work within their respective states to bring an end to this practice. While Kansas is one the the 7 states in the county that prohibits the sentencing of Juveniles to Life sentences without the possibility of parole, the Wichita Branch and the Kansas State Conference of the NAACP would like to add our voice to the those calling for an end to this practice. Currently, the United States and Somalia are the only two nations in the world that have not ratified Article 37 of the UN Convention on the Rights of the Child which bans participants from sentencing children to life in prison.

Click here to sign a petition to support Sara Kruzan

Click here to read the Human Rights Watch report on Juvenile Life Sentences

Click here for the Public Interest Law Center's report on Florida's disproportionality in Juvenile Life sentencing


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