An overwhelming majority of prisoners serving life
sentences without parole for crimes committed as juveniles were exposed to
domestic violence and lived in poverty, while significant numbers failed in
school, were influenced by friends in trouble with the law and grew up in a
home missing at least one parent who was incarcerated, according to a report by
The Sentencing Project.

The report, based on the most comprehensive survey to
date of prisoners serving life sentences for crimes they committed as
juveniles, calls for the elimination of life without parole (LWOP) sentences
for juvenile offenders. The report also recommends a closer inspection of the
racial dynamics of the juvenile justice system, which imposes LWOP sentences on
black youths at an alarmingly higher rate than on white youths.

“Juveniles serving life sentences have had their
lives defined by a serious crime committed in their youth, but it is not a
complete picture of who they are,” wrote Ashley Nellis, Ph.D., a research
analyst for The Sentencing Project and the report’s author.

“Although it does not excuse their crimes,”
she added, “most people sent to prison for life as youth were failed by
systems that are intended to protect children.”

Researchers for The Sentencing Project collected data
from 1,579 juvenile lifers across the United States between October 2010 and
August 2011. The average time served by the prisoners surveyed was 15 years,
and almost a fourth had been incarcerated at least 21 years.

As children, more than two-thirds of the juvenile
lifers saw illegal drugs sold where they lived, and one in three had resided in
public housing prior to being incarcerated. More than half saw acts of violence
in their neighborhoods weekly. Most – 79%, according to the survey – witnessed
violence directly in their homes, while nearly half (46.9%) experienced
physical abuse. Overall, one in five had been sexually abused – a rate that
increased to almost four in five among female juvenile lifers.

“Violence is a learned behavior,” Nellis
wrote, “and when it is demonstrated by adults in a home environment as a
tool to resolve problems, children internalize this and, without intervention,
are prone to repeat it.”

The survey further revealed that more than 25% of
juvenile lifers had a parent in prison, and noted that “Mass incarceration
has had a profound impact on communities of color, especially African American
communities.” The report found that black youths are six times more likely
than white youths to have had an incarcerated parent.

The Sentencing Project also collected race and
ethnicity data for most of the 1,844 homicide victims of the survey’s
participants. While the analysis of the data is complex, the survey found that
– proportionally speaking – black juveniles arrested for killing a white victim
were sentenced to life without parole far more often than white juveniles
arrested for killing a black victim.

Unless factors such as prior offenses or the nature of
the relationship between the assailant and the victim “could account for
this large-scale disparity,” the report noted, “… we should be
quite concerned about a policy that appears to perpetuate longstanding racial
disparities in the justice system.”

Among several of the report’s recommendations, The
Sentencing Project
argued that eliminating juvenile LWOP “would involve
adoption of punishments proportionate to the crime while considering an
offender’s age, maturity” and rehabilitative potential, and would not
result in “serious, violent offenders escaping punishment.”

The report also recommended that juvenile lifers be
allowed and encouraged to engage in rehabilitative programs; that they should
be housed in age-appropriate pre-trial and post-conviction settings; and that
criminal justice resources should be spent on youth intervention programs
rather than “warehousing” juveniles in prison.

The United States is the only nation that imposes life
without parole on juvenile offenders, and over 2,500 prisoners nationwide are
serving LWOP sentences for crimes committed when they were under 18 years old.
Six states prohibit juvenile LWOP sentences: Alaska, Colorado, Kansas,
Kentucky, Montana and Texas.

On June 25, 2012, the U.S. Supreme Court issued a
decision in two consolidated cases where 14-year-olds were automatically
sentenced to life without parole after being convicted of homicide. The Court
held that imposing mandatory LWOP sentences on juveniles was a violation of the
Eighth Amendment’s prohibition on cruel and unusual punishment. See: Miller v.
Alabama, 132 S.Ct. 2455 (2012).

Sources: “The Lives of Juvenile Lifers: Findings
from a National Survey,” by Ashley Nellis, Ph.D., The Sentencing Project
(March 2012); www.cclp.org

About Christopher Zoukis, MBA

Christopher Zoukis, MBA, is the Managing Director of the Zoukis Consulting Group, a federal prison consultancy that assists attorneys, federal criminal defendants, and federal prisoners with prison preparation, in-prison matters, and reentry. His books include Directory of Federal Prisons (Middle Street Publishing, 2020), Federal Prison Handbook (Middle Street Publishing, 2017), Prison Education Guide (PLN Publishing, 2016), and College for Convicts: The Case for Higher Education in American Prisons (McFarland & Company, 2014).

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