SUN EDITORIAL:

Crime and punishment

Review of life without parole for juveniles should spur a new discussion

Saturday, Nov. 14, 2009 | 2:08 a.m.

In 2005 a 5-4 ruling by the U.S. Supreme Court declared that it is cruel and unusual — thus a violation of the Eighth Amendment — to execute juveniles for their crimes. The justices this week took up the question of whether it is constitutional to sentence juveniles to life in prison without the possibility of parole.

The court heard the cases of two Florida prisoners who were given that sentence. One, Joe Harris Sullivan, was 13 when he raped a 72-year-old woman. The other, Terrance Jamar Graham, was 17 when he admitted to several armed robberies. Both had criminal histories when they were sentenced.

During oral arguments Monday, Chief Justice John Roberts noted that the court has long held that “death is different” from other criminal punishments and added that the 2005 case showed that “juveniles are different” from adults. The question the justices wrestled with is what is an acceptable punishment for a juvenile, particularly given the seriousness of some of the crimes, as in the Sullivan and Graham cases.

Conservative members of the court argued for the principle of retribution, saying that society has a right to punish criminals, no matter the age.

Bryan Gowdy, representing Graham, argued that a juvenile is “less culpable” than an adult, saying that “over time he will change and potentially reform, as opposed to an adult.”

Gowdy raises an important issue. The juvenile justice system used to be based on the theory that young offenders could be rehabilitated. But as America became tougher on crime and as juvenile crimes became more violent, punishments became more severe. Juveniles often are treated as adults, resulting in long sentences for many underage offenders.

There certainly are juveniles who should be treated as adults and cases that demand prison sentences. However, it has been far too easy for society to ignore the fact that more and more young people are going to prison. Has society forsaken the concept of rehabilitation for juvenile offenders?

We hope not.

Discussion: 9 comments so far…

By geezelouise

11/14/09 at 6:33 a.m.

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Ditto.

We have got to stop the "lock 'em up and throw away the key" mentality before we exhaust all of our resources to do so.
By teacher

11/14/09 at 7:38 a.m.

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This is from wikipedia. There's a good graph there, too.

The term prison-industrial complex refers to all of the businesses and organizations involved in the construction, operation, and promotion of correctional facilities and the services they provide. Such groups include private corrections companies, corporations that contract prison labor, construction companies, surveillance technology vendors, and the lobbyists and interest groups that plurally represent them.

The term often implies a network of actors who are motivated by making profit rather than solely by punishing or rehabilitating criminals or reducing crime rates. Proponents of this view believe that the desire for monetary gain has led to the growth of the prison industry and the number of incarcerated individuals. These views are often shared by people who fear or condemn excessive use of power by government, particularly when related to law enforcement and military affairs.

Schlosser, Eric (December 1998). "The Prison-Industrial Complex". The Atlantic Monthly. http:http://en.wikipedia.org/wiki/File:US_incarceration_timeline-clean.svg//www.theatlantic.com/issues/98dec/prisons.htm.
By POWERPLAY

11/14/09 at 8:42 a.m.

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From now on all criminals under the age of 18 that are convicted of a felony should be allowed to move in with bleeding heart liberals. That should solve anymore problems with prison overcrowding and hurting there tender little feelings.
By KillerB

11/14/09 at 10:07 a.m.

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"Conservative members of the court argued for the principle of retribution, saying that society has a right to punish criminals, no matter the age."

Sun -- your Editorials are getting better.

An important but increasingly forgotten element of any crime is "mens rea" -- literally "evil mind" -- the intent behind any crime. Something not present in any immature or incompetent person. That juvenile law is based on rehabilitation instead of punishment shows that wisdom. Knee-jerk posts like powerplay's proves why due process is mandatory -- his kind of lynch-mob mentality has no place in any rational discussion like this one.
By LarryVegas

11/14/09 at 12:50 p.m.

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The juvenile justice system used to be based on the theory that young offenders could be rehabilitated.

Could, would and should, but unfortunately a good percentage of minors are not being rehabilitated.

How many minors who are first, second or third time offenders are being incarcerated?

Just like biting dogs, there becomes a time to lock them up to keep them from injuring the innocent...
By mred

11/14/09 at 1:44 p.m.

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out source to Iran
By gmag39

11/14/09 at 2:17 p.m.

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What we really need to find out is how society in general and parents in particular are failing their children. It's epidemic.
By Rhooster

11/14/09 at 4:47 p.m.

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If I had a kid that raped a 72 year old woman I would strangle him myself.
By Burrittobandit2

11/14/09 at 10:16 p.m.

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Sounds like they need a time out.

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