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Life Without Parole For Juveniles

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Molly Korthase

on 22 April 2015

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Transcript of Life Without Parole For Juveniles

Life Without Parole For Juveniles

In the United States...
The United States is the only country where the sentence of life without parole is allowed for juveniles
Graham V Florida
Psychopath Vs Sociopath
“More than 25% of people serving life without parole after being sentenced as children were convicted of felony murder or accomplice liability, meaning they were not the primary perpetrators of the crime, and may not have even been present at the time someone was killed” (“Facts about life without parole for children, n.d.).
Juwan Wickware
What is the Goal?
An excerpt from the book Life Without Parole: America’s New Death Penalty? By Ogletree (2012):
But to advocate for parole availability for all life sentences (that is, the abolition of LWOP in all cases) requires at least two concessions:
first, that there are no crimes for which the proper punishment is life behind bars...people are capable of change and reformation, regardless of their crime, and that it is possible to identify who those people are.
(p. 197)

In 2005
The death penalty for minors was abolished.
The court ruled that under the eighth amendment said sentence was unconstitutional.
In 2010
Graham V Florida
The Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
On the State Level
De Facto Life
Definition:
Lack of Knowledge
"Most of my clients had never heard of life imprisonment without parole...they're just not used to thinking that far ahead."-Defense Lawyer Byron Stevenson
Stats of a Juvenile Offender
“54.1% of people serving life-without-parole sentences for crimes committed as youth reported witnessing violence in their homes...46.9% reported experiencing physical abuse. 79.5% of girls reported sexual abuse” (Nellis, 2012).
Rehabilitation
"There's no sense in destroying a second life if that life is actually redeemable. If there's anyone who still has a modicum of redemption left in their life, it's a juvenile." -Charles Dutton (Totenberg, 2012)
Psychopaths
Disregard for law and others
Skilled Manipulators
NO Guilt or remorse
Prone to violence
Sociopaths
Underdeveloped psychopath, often viewed as troubled
Murders
1964
Maude M. Hughey Kemper
Edmund Emil Kemper, Sr
1972
Mary Anne Pesce
Anita Luchessa
Aiko Koo
1973
Cindy Schall
Rosalind Thorpe
Alice Liu
Clarnell Strandberg
Sara Hallett


Evolution
Judge Vs Psychiatrist
The Key Factors

Roper V Simmons
Only in cases pertaining to murder is the sentence of LWOP for juveniles constitutional.
The majority of sentences of life without parole for youths have been imposed in states where judges are obligated to impose it as a mandatory sentence.
When the sentence exceeds life expectancy
Flash Forward
"More than 2,500 individuals nationwide will enter prison as teenagers, grow into adults, and die – all behind bars” (Watt, 2014).

Adult Vs Child
Charles Dutton
Quit School-12
Manslaughter-17
Actor, producer, and director
Malleability
Edmund Kemper
Both
Antisocial personality disorders
“Blackwood explains that psychopaths do not fear the pain of punishment and they are not bothered by social stigmatization. Psychopaths are indifferent to the expectations of society and reject its condemnation of their criminal behavior” (Bonn, 2014).

Troubled Youth
Age 16 when robbery attempt was committed
Who measures capability of redemption?
References
Blanco, I. Edmund Emial Kemper III. Murderpedia. (n.d.). Received from
http://murderpedia.org/male.K/k/kemper-edmund-victims.htm
Bonn, S.A. (August 11, 2014). Psychopathic criminals cannot be cured. Psychology
Today. Retrieved from https://www.psychologytoday.com/blog/wicked-deeds/201
408/psychopathic-criminals-cannot-be-cured
Eckholm, E. (January 19, 2014). Juveniles facing lifelong terms despite rulings. New York
Times. Retrieved from http://www.nytimes.com/2014/01/20/us/juveniles-facing-lifelong
-terms-despite-rulings.html?_r=0
Edmund Kemper: The co-ed killer. (n.d.). Crime Investigation. Retrieved from
http://www.crimeandinvestigation.co.uk/crime-files/edmund-kemper/timeline
Facts about life without parole for children. (n.d.). The Campaign for the Fair Sentencing of
Youth. Retrieved from http://fairsentencingofyouth.org/what-is-jlwop/
Nellis, A. (March, 2012). The lives of juvenile lifers: Findings from a national survey. The
Sentencing Project. Retrieved from http://sentencingproject.org/doc/publications/pu
blications/jj_The_Lives_of_Juvenile_Lifers.pdf
Ogletree, C. J., & Sarat, A. (Eds.). (2012). Life Without Parole : America's New Death Penalty?.
New York, NY, USA: New York University Press (NYU Press). Retrieved from http://www.ebrary.com
Rovner, J. (n.d.). Juvenile life without parole: An overview. The Sentencing Project. Retrieved
from http://www.sentencingproject.org/doc/publications/jj_Juvenile%20Life%20With
out%20Parole.pdf
Siciliano, R. (November 24, 2014). Psychopath vs. sociopath: What’s the difference?
Huffington Post. Retrieved from http://www.huffingtonpost.com/robert-siciliano/wh
at-is-a-sociopath_b_5877160.html
Totenberg, N. (March 20, 2012). Do juvenile killers deserve life behind bars? National
Public Radio. Retrieved from http://www.npr.org/2012/03/20/148538071/do-juvenile
-killers-deserve-life-behind-bars
Watt, S. (March 26, 2014). Only in America: 16-year-old locked up for the rest of his life.
American Civil Liberties Union. Retrieved from https://www.aclu.org/blog/criminal-
law-reform-human-rights/only-america-16-year-old-locked-rest-his-life
Map. Retrieved from http://fairsentencingofyouth.org/what-is-jlwop/
Charles Dutton. Retrieved from http://www.blackfilm.com/read/2014/01/pan-african-film-festival-to-honor-charles-s-dutton-with-lifetime-achievement-award/
Edmund Kemper. Retrieved from http://en.wikipedia.org/wiki/Edmund_Kemper
United States. Retrieved from http://commons.wikimedia.org/wiki/File:Flag_Map_of_the_United_States_(1912_-_1959).png
The Constitution. Retrieved from http://www.constitutionaltender.com/
Juwan Wickware. Retrieved from http://www.monroenews.com/news/2013/aug/13/judge-upholds-ban-life-no-parole-juveniles/?news
8th Amendment
Child v. Adult
Psychopath vs redeemable youth
Redemption
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