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Group proposes abolishing life sentences for juveniles www.chicagotribune.com/news/local/chi-juveniles-life-sentencesfeb14,0,736 2275.story
Group proposes abolishing life sentences for juveniles Chicago Tribune By Michael Higgins February 13, 2008
In a report made public Wednesday, a coalition of lawyers and academics called for Illinois to abolish sentences for juveniles of life in prison without the possibility of parole.
The Illinois Coalition for the Fair Sentencing of Children also recommended that a parole board consider releasing juveniles sentenced to these life terms who have already served substantial periods.
In its 40-page report, the coalition said it had interviewed nearly all of the 103 inmates in Illinois prisons sentenced to life for crimes committed when they were between the ages of 14 and 17. Nationwide, at least 2,380 inmates are serving life sentences for crimes they committed as juveniles.
The coalition argued that no possibility of parole is unfair for even the most serious juvenile offenders because children are less culpable than adults and are capable of change.
The report cited recent brain-scanning research that shows that since their brains are not fully developed, children lack the impulse control of adults and are more vulnerable to peer pressure.
"Dramatic reform is necessary in order to eliminate this egregious practice, which has ensnared too many juveniles here in Illinois," said Randolph Stone, a clinical professor of law at the University of Chicago and a coalition member.
Some of those convicted as juveniles may deserve parole, especially if they were accomplices to older offenders and didn't carry out the actual killing, said Malcolm Young, executive director of the John Howard Association of Illinois, a prison-watchdog group.
In some cases, Young said, "[the juveniles] were marginally involved in something like a robbery or drug deal. They didn't necessarily know there was going to be a murder."
But some victims-rights advocates strongly objected to the recommendations, particularly the call for parole hearings for the 103 inmates.
"They're talking about retroactively changing a sentence that was duly given and appealed . . . and affirmed by the judicial system over and over again," said Jennifer Bishop-Jenkins, founder of IllinoisVictims.org. "This is the part we're just outraged about."
Bishop-Jenkins' sister and brother-in-law, Nancy and Richard Langert, were killed in 1990 by David Biro, one of the 103 inmates convicted as juveniles and serving life sentences in Illinois prisons.
The controversy concerns juvenile offenders who were accused of murder and tried as adults. If convicted in adult court of crimes such as double homicide or the killing of a police officer, they face life without the possibility of parole.
In at least a few cases, the judges who sentenced juvenile offenders expressed misgivings about life without parole but felt they had no other choice under Illinois law.
In one case, a 15-year-old named Leon Miller was convicted of two counts of first-degree murder for acting as a lookout for two other defendants who shot and killed two people in 1997.
The law appeared to call for a sentence of life without parole, but a Cook County judge refused, calling the sentence "unconscionable" and sentencing the defendant instead to 50 years.
Bishop-Jenkins argued, however, that most of the 103 inmates are "the worst of the worst" and deserve no parole. If exceptions do exist, those inmates can seek executive clemency from the governor, she said.
Bishop-Jenkins said she doesn't think that lawmakers will want to abolish life without parole for juveniles because there will always be cases where the public finds it appropriate.
She mentioned the current search for a suspect in the slayings of five women at a Lane Bryant store in Tinley Park.
"Let's say that they find out that this guy is 17 when they catch him?" she said. "You want him to come up for annual parole hearings?"
Young acknowledged that passing the bill, introduced by Rep. Robert Molaro (D-Chicago), may be an uphill fight.
"You need to have lawmakers admit their previous efforts went too far," Young said. "And that does take legislative courage."
The coalition is composed of the American Civil Liberties Union of Illinois; the DLA Piper law firm; Human Rights Watch; John Howard Association; Juvenile Justice Initiative; the Cook County public defender's office; Northwestern University School of Law's Children and Family Justice Center; University of Chicago School of Law's Edwin F. Mandel Legal Aid Clinic; and Voice For Illinois Children.
mjhiggins@tribune.com
5:25 AM
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