Issue Focus: Juvenile Justice

by Grant Custer, Co-Coordinator of the Nebraska Coalition for the Fair Sentencing of Youth

This is the first in a series of Issue Focus posts which provide further context for specific Candidate Survey (PDF) questions.

Eagle's Song Painting by Chris

"Eagle's Song" Painting by Chris

“Why do we resist change?” That is the question with which Chris begins the story of his personal transformation. Chris entered prison at age 16 and has now spent over 20 years in Nebraska Correctional Facilities. His sentence dictates that he will live out the rest of his life behind bars. Chris is one of the 24 men and women currently serving sentences of life without the possibility of parole in Nebraska prisons for offenses they committed when they were under age 18.

By sentencing youths to life in prison without providing for any meaningful review we are denying that there is even the possibility for change in some of our youngest offenders. This judgment contradicts the growing body of adolescent brain research that tells us there are specific, developmental differences that make youth less culpable for their actions and particularly receptive to rehabilitation. Providing for the possibility of parole in the cases of youth would bring our sentencing laws into alignment with our understanding of the fundamental differences between youth and adults. Such a change would not guarantee any individual’s release; it would only provide the opportunity – decades down the line – for an individual to demonstrate remorse and growth.

In recent years, the United States has taken significant steps towards harmonizing our youth sentencing laws with the research surrounding the issue. In 2005, the U.S. Supreme Court ruled that sentencing a youth to death constitutes cruel and unusual punishment and is therefore prohibited. This year, the Court again demonstrated their recognition of the emotional and neurological immaturity of youth in finding that it is cruel and unusual punishment to lock up a youth convicted of a non-homicide offense for life without offering an opportunity for meaningful review.

These steps represent significant victories for advocates of youth sentencing reform, but the work in Nebraska is far from over. Nebraska has a history of leading in recognition of the differences between youth and adults. We prohibited sentencing youth to death in Nebraska decades before the Supreme Court acted. We can and should do the same in the case of all youth sentenced to life without the possibility of parole. The Nebraska Coalition for the Fair Sentencing of Youth hopes that state lawmakers will carefully consider the research on adolescent development and act to ensure that no youth in Nebraska be sentenced to die in prison without being provided an opportunity for meaningful review.

For more information on the issue, please visit the Coalition website, where you can read about voices from across the state and the nation speaking on the issue of youth sentencing, and learn about other aspects of the system in Nebraska, including the application of the felony murder rule, disproportionate minority sentencing, and the unwillingness of the Board of Pardons to commute sentences.

Leave a Comment

{ 1 trackback }

Previous post:

Next post: