A Supreme Change in Juvenile Justice

by Michael Santos · 2010-06-30 21:50:00 -0700
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On May 17, in a 5-4 ruling, the U.S. Supreme Court voted to limit life sentences for juvenile offenders, citing the practice as cruel and unusual punishment. According to the majority, any imposition of life sentences on offenders who were under 18 must also include the possibility of parole if the offender did not commit a homicide. The majority decision made sentences of life without parole unconstitutional, and a violation of the Eighth Amendment, when the offense didn't include the death of a victim.

Their decision surprised me. I'll be interested to see how legislative bodies from across the nation respond to the ruling from our highest court. States will have to implement a mechanism that will allow authorities to review the appropriateness of long-term imprisonment after a reasonable period of time. The ruling doesn't necessarily mean that the parole boards must release any juvenile offenders, but at some point they will have to consider whether continued incarceration is warranted in each individual case.

The case at hand involved a particularly violent teenager. He was convicted of armed robbery and then a home invasion. People were beaten with weapons, but no victims suffered fatal injuries. The offender was 17 and a judge imposed a life sentence. Now it appears that he will have at least hope for release at some point.

When I read these kinds of cases, I wonder why legislative leaders don't make the possibility of parole available for non-violent federal offenders. Such legislation wouldn't necessarily mean that parole boards would release offenders before their terms expired, but at least the option should exist for authorities to revisit the appropriateness of continued incarceration after prolonged lengths of time.

I've read that Congress continues to deliberate on whether or not they will advance Senator Webb's bill for a thorough study of the criminal justice system. That study, and its results, may yield legislative changes that bring relief mechanisms for nonviolent offenders, but I'll be released from prison before those changes take place. Still, tens of thousands of nonviolent offenders serve lengthy sentences in federal prison and I'm hopeful for them — and for their families — that some type of prison reform comes forward as a result of Senator Webb's effort.

Photo Credit: dbking

Michael Santos has been confined in federal prison since 1987. He currently uses his writing to contribute to the national dialogue on prison reform.
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