Terrance Jamar Graham is a 16 year old juvenile offender, who committed burglary, and other crimes. The court officials put Terrance on probation, however, after additional crimes were taken into account, his probation was revoked and he was adjudicated guilty ("Graham v. Florida" 1). The 16 year old boy was sentenced to a life in prison. Due to Florida's lack of parole board, Graham had no feasible potential for release except for executive clemency. He challenged his verdict under the Eight Amendment which offers protection against cruel and unusual punishment ( 1). Graham versus Florida is a major decision made in 2010 by the US Supreme Court; it holds that a juvenile cannot be sentenced to life in prison without the possibility of parole, as long as the juvenile is not convicted of homicide (1). This was a very cultivated decision and is supported by many other decisions such as, the "best interest of the child" doctrine, which suggests that children should be rehabilitated rather than punished; Paul vs. Simmons, a case which made capital punishment unconstitutional for crimes committed under the age of 18 (Roper v. Simmons 543 U.S. 551).
First, juveniles should not be committed to a life in prison because of the fact that juveniles can be rehabilitated unlike the adults who are usually entrenched in the criminal justice system when they are incarcerated. A study conducted by the U.S. Department of Justice shows that out of 272,111 adults, 67.5% of the prisoners were re-arrested for new and old crimes (due to violation of probation that does not involve criminal offenses, such as failure to attend a mandatory educational program) within 3 years of their release, moreover, new offenses were felonies or serious misdemeanors (Langan 1). The 183,675 prisoners were convicted of 744,480 new crimes, or 4 crimes per person (1). Another study, performed specifically by Virginia Department of Juvenile Justice, shows that only 46.9% of juvenile offenders are rearrested each year (Virginia Department of Justice). The colossal difference of 20.6% between adult and juvenile recidivism shows that juveniles are more likely to be turned into productive citizens of society than adults if they get the correct treatment. If Virginia can achieve a lower rate of recidivism for teenagers, then why can't the rest of the US?
Accordingly, a significantly higher number of youth prevention programs (than adult) exist today. To name some; Homeboy Industries assists at-risk youth and former gang members through helping them find a job and education programs , D.A.R.E is program provides education to kids about drug abuse and prevention, Youth Intervention Program, and many more. As I have clearly illustrated, youth should not be committed to a life in prison without possibility of parole, because juvenile delinquents are easier to reintegrate into society than adults.
Empirical research shows that people commit less crime as they age (Siegel, 44-45). This is referred to as aging out process, or spontaneous remission. According to experts, even the most hardcore criminals will commit less crime as they age. Violent and property crimes peak at age of 18 and 16 respectively, after which there is a sudden drop in the 20's (44). There are many factors that explain why youngsters age out of crime. For example, as a person ages, he develops a sense of maturity and responsibility. Some offenders get married and start a family, which leads to a more proper life out of prison. How can a juvenile have the chance to integrate back into society if he or she is imprisoned for life without the chance to correct their wrongdoing?
Furthermore, there are many negative repercussions of juvenile incarceration. Psychological factors such as dependence on institutional structure, hypervigilance, and isolation must be taken into account when incarcerating juveniles. Furthermore, economic factors must be considered when creating lengthy prison sentences.
One of the psychological factors includes dependence on the institution, prisons require the inmates to surrender their freedom, which in turn takes away all their decision-making power, additionally, prisoners don't give much thoughts to their actions in prison because their behavior is controlled by the corrections officers (Haney). Hypervigilance is a natural response of human beings to possible threats in an exaggerated manner, also a symptom of PTSD. Exaggerated paranoia is common with inmates as danger is always imminent in prisons, but can be very harmful to personal relationships. Similarly, social withdrawal and isolation is another tremendous impact on mental health that results from being incarcerated, some prisoners find it safer to stay separate from the rest of the prison population and do not socialize with other inmates. This leads to a state of alienation and social impairment (Haney). Another negative factor which specifically influences juvenile population in prison is the labeling theory. The labeling theory, developed by sociologist Howard Becker, holds that self-identity and behavior of an individual may be greatly influenced by others' critiques. For example, somebody who is constantly "labeled" as a troublemaker might acquire a feeling of low self-worth and commit more delinquent acts because he or she will think that she is not capable of being a useful member of society. One psychologist has found that 33% of incarcerated youth suffering from depression, the onset occurred after incarceration (Holman). Moreover, these juveniles are spending time in a detention facility rather than a school, compromising their education. Education researchers have found that 40% of the youth have a learning disability, and will have even harder time adjusting to school. Economists have shown that juvenile incarceration hampers their ability to remain in the workforce, creating huge economical problems not only for themselves, but the country as a whole (Holman).
There are numerous adverse economic factors to imprisonment. In the State of California, incarceration costs $216,081 per year per juvenile prisoner; the costs are also rising each year Urban Strategies Council). Moreover, potential workforce is being sacrificed; someone who is imprisoned cannot earn money to improve the economy. Along with state problems, there are also many personal problems that arise from imprisonment. Research shows that youth associated with the criminal justice system at least once, has a significantly diminished income level compared to those who are not (Holman). Juveniles with a criminal record not only have lower earnings but also difficulties in finding a job. Furthermore, incarcerated teenagers are not only harming themselves and the society economically, but their families as well.
Second, juveniles lack the maturity to take the responsibility for their actions to an extent that an adult can. The criminal justice system follows a model that a man should not be punished for his harmful deeds unless he or she is conscious of any wrongdoing. Mens rea ("guilty mind" in latin) is a necessary element of a crime. Most states set the lower age limit at 6 or 7, it is considered that prior to this age, a person cannot have the mens rea, or criminal intent, to commit crime. Also prior to this age, a child cannot tell right from wrong, or dolci incapax (FindLaw). To illustrate, in July 1999, Lionel Tate, a boy 12 years of age, was imitating a wrestling move on his 6 year old sister (Canedy). Lionel lifted his sister in the air and dropped her on the table, resulting in numerous injuries, including skull fracture that lead to her death. Lionel was tried as an adult in Broward County, Florida, which sentenced him to a life in prison without possibility of parole. Lionel's attorney, Mr. Lewis stated that "Lionel was emulating the wrestlers he regarded as heroes when he kicked and body slammed Tiffany after his mother left the two unattended" (Canedy). Lionel Tate's mother works with the Florida Highway Patrol, she testified that her son is not a killer. The 12 year old boy's incident can be seen as an unfortunate sign of immaturity, Lionel could not have foreseen the consequences of his child's play, his mother should have taken better care of her children by providing constant supervision.
As a final analysis, juveniles should not pay their life for a crime they have committed at a very young age. People, most notably children, are susceptible to behavioral change throughout their lifetime. Early incarceration of youth can cause irreparable damage to child's cognitive skills and hamper theirs', society's, and their family's economic conditions. It is much more efficient to spend money rehabilitating a child and turning him into the useful tax-paying workforce. Moreover, juveniles cannot predispose the outcome of their actions. The possibility of parole should be mandatory to all juvenile offenders.
