Nov 9th, 2009
Posted by Nahal Zamani, Human Rights Program at 5:48pm	Children's Rights

U.S. Out of Step with the Rest of the World

Today, the Supreme Court heard arguments in Sullivan v. Florida and Graham v. Florida. In both cases, the petitioners argued that when a child is sentenced to life without the possibility of parole, it violates the Eighth Amendment's prohibition against cruel and unusual punishment. Both Sullivan and Graham committed crimes in which no-one was killed: when he was 13, Joe Sullivan raped a woman, and at 16, Terrance Graham committed armed burglary. Sullivan and Graham are sentenced to die in prison. (Read more about the Graham and Sullivan cases and about the international human rights law angle here.) (PDF)

"A death sentence is what the judge gave me. A long slow death. I would have rather been taken out and shot. I did not understand why I could not go to a place for kids my age." Learn Barbara's story here.

In the United States, approximately 2,570 children are serving life sentences without the possibility of parole. Children as young as 13 have been sentenced to spend the rest of their lives in prison without a second chance and an opportunity for release.

We are the only country in the world where children are serving such cruel sentences.

In February 2006, the ACLU submitted a petition to the Inter-American Commission on Human Rights (IACHR) challenging the practice of life without parole sentencing for children under universal human rights principles. The petition alleges that the human rights of children sentenced to life without parolesentences in the state of Michigan have been violated. It asks the IACHR to review Michigan sentencing laws as they are applied to children and find them in violation of the American Declaration of the Rights of Man and other universal human rights principles. Read the petition here.

In sentencing children to life sentences without the possibility of parole, the United States is out of step with the rest of the world. As a champion of children's human rights, we should be doing so much better. We must ensure that the most vulnerable members of our society, our children, only receive fair sentences for the crimes they commit and that they are given an opportunity for rehabilitation.

Permalink |	Children's Rights

Tags: jlwop, juvenile justice

1. PMlodzianowski Says:
   Nov 9th, 2009 at 11:28pm

   I believe that kids shouldn't be treated as adults until they are at least 17 years old. In both of the above cases, the punishments were very cruel as we frequently see adults walk away with a short prison sentence in identical circumstances.

   More often than not, kids that commit crimes don't know exactly what they're doing, and they don't know what the consequences may be. Problems in the household often contribute to this type of behavior, and in some cases, the parents order their child to commit a crime to prevent getting caught themselves. How often do we hear that on the news? Quite frequently, actually.

   As for an alternate punishment, I believe that the punishment should be very harsh in order to teach the kid a lesson, but not a life sentence. He should be taught and given a final warning before being released after a couple of years.

2. Paen Says:
   Nov 10th, 2009 at 2:27pm

   If anyone deserves life in prison it's the judges who hand out such sentences to 13 year olds.

3. Anonymous Says:
   Nov 12th, 2009 at 6:57am

   anyone deserves life in prison it's the judges who hand out such sentences to 13 year olds.
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4. Anonymous Says:
   Nov 12th, 2009 at 10:14am

   Apparently NONE of you have ever had to deal with "children" like this in your lives. They are BAD and not going to get better. "If you dont want to do the time then dont do the crime"....

5. Anonymous Says:
   Nov 13th, 2009 at 12:41am

   This lawsuit on behalf of ACLU to protect adolescents who perform violent henious crimes makes me sick. A 13 year old and a 16 year old are sentient human beings with the mental capacity to understand that raping and killing are hateful crimes and in our society have consequences that may result in capital punishment. To categorize these adolescents as "children" being unfairly "punished" for childish activities is disingeneous and is typical of the current trend to exonerate the "disadvantaged" for failure to have developed the basic sense of right and wrong in our society because of the purported "unfairness" of our society to the "disadvantaged". This trend is bringing down the values and morays in an effort by the collectivists and progressives to raise a group of people by lowering standards and values for the whole society. ACLU and its ilk will not be satisfied until the USA has abolished any semblance of conscience and personal responsibility in our citizens and the ultimate establishment of a totalitarian state with agents of the government dictating morays, values and "state-approved faith" to the US population.

6. roald Says:
   Nov 13th, 2009 at 3:30pm

   anon #6, one case involves rape; the other burglary. Neither involved killing. It has been demonstrated that adolescent brains are not fully developed. That is why we do not let them enter into contracts or many other adults-only activities.

   The cases at point are not questioning whether these people should be punished, rather life in prison without the chance of parole is cruel and inhuman in these situations.

   Rather than lowering the bar, we, as members of society, should be figuring out how to raise it. This must start before birth with proper nutrition and medical support. Children need to see everyone treated with dignity, to have an education, to have parents who can earn a decent living and still have enough time to raise them.

7. ambassiadvocacy@rocketmail.com Says:
   Nov 13th, 2009 at 6:29pm

   @Ambassi Opinionette News page http://ambassi-advocacy2.webs.com/

   As a thought, at the moment it may well be Life without parole . . .But laws and legislation can be changed easily.
   HMMM'''' I am not at the moment aquainted with these child criminals . . .But these kids for the moment are safer in detention than on the streets ....But ther news other wise news saying they are being abused in some places as child-convicts.

   My F.B.I. News sources Say this Mexican 13 youth street gangs are all over the USA and present a real problem in the communities. . . .And the beat goes on . . .

8. ambassiadvocacy@rocketmail.com Says:
   Nov 13th, 2009 at 6:29pm

   @Ambassi Opinionette News page http://ambassi-advocacy2.webs.com/

   As a thought, at the moment it may well be Life without parole . . .But laws and legislation can be changed easily.
   HMMM'''' I am not at the moment aquainted with these child criminals . . .But these kids for the moment are safer in detention than on the streets ....But ther news other wise news saying they are being abused in some places as child-convicts.

   My F.B.I. News sources Say this Mexican 13 youth street gangs are all over the USA and present a real problem in the communities. . . .And the beat goes on . . .

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