There are 464 juvenile lifers in Pennsylvania. Does not seem like a large number does it? There are two things you should know and consider when looking at that number. The first is, there are only three other countries in the world which have sentenced juveniles to “life without parole” (LWOP).
Israel – 7 juvenile lifers
South Africa – 4 juvenile lifers
Tanzania – 1 juvenile lifer
12 in the rest of the world!
The second thing is, with 464, Pennsylvania not only leads the world, it leads our nation in the practice of sentencing juveniles to LWOP, almost twice as much as the next highest state. So, does 464 seem like a lot now? Is this something we want to be leading the world in? Are the children of Pennsylvania more violent than anywhere else? If you believe so, what are we doing wrong in this state? We lead that world in spite of the worldwide view (at least outside of the United States and 3 other countries) that juveniles cannot be held to the same standard criminally as adults.




All of these teens received life sentences between the ages of 13 and 16. Each photo was taken shortly before the juvenile was incarcerated. (From Human Rights Watch, “The Rest of Their Lives.”)
The practice of sentencing juveniles to LWOP violates international laws, the Convention on the Rights of the Child, and multiple resolutions and guidelines for the treatment of children in the world. It is also a violation of the United Nations Minimum Rules for the Administration of Juvenile Justice. This standard says the detention of children should only occur as a last resort and for the shortest length of time possible. The United States is a member of the U.N. and signed the Convention on the Rights of the Child, but our Senate has yet to ratify it for the last two decades.
According to Dr. Ruben C. Gue, Professor of Psychology and director of the Brain Behavior Laborotory at the University of Pennsylvania,
“The critical regions that are the last to mature particularly those in the pre-frontal areas are involved in behavior facets germane to many aspects of criminal culpability…. Most studies now focus on the region that governs impulsivity, judgment, planning for the future, foresight of consequences….. The human brain doesn’t reach optimal functioning capacity, until well into their twenties.”
You may not believe that. For those of you with children or young nieces and nephews, would you hold them at 13, 14, or 15 to the same standard that you hold a neighbor or fellow employee? The courts, at least for criminal purposes, are made to hold kids to an adult standard. These same kids who are not legal to: drive, drink, smoke, vote, sign contracts, gamble, serve in the military, or work under the same conditions as an adult.
Children, who we make laws specifically to protect because we understand that they are fundamentally different, not wise or understanding enough to always protect themselves. They are not thought of as adults or expected to perform as adults until they have broken the law. We would not expect a 15 year old to be a responsible parent and make their way in the world by themselves. Yet, once they have broken the law, we are quick to try them as adults.
Juveniles who have not achieved a high school diploma or gone to college are less able to understand the legal process or legal ramifications of their actions. Juveniles have the right to participate in their own defense. Most are unable because of their little understanding of the trial process. After trial, juveniles are more likely to make critical mistakes when appealing their case as a Pro se defendant. By the time they are able to understand enough about the appellate system, mistakes are still likely due to their lack of education.
Mistakes that often deny them appeal-able issues or even the right to appeal their case altogether. This is especially true now that Pennsylvania has set a one year limit as the amount of time a defendant has to appeal a case.
If these juveniles had been given the death penalty there would be a slew of options and legal help for their defense and appeals. But, because their sentence was LWOP, often they are left to fend for themselves. You may not be against LWOP for juveniles, but should not we make sure that their legal rights are well defended? Should not we do everything to ensure the punishment they have received is a just and fair one? These are children who need protections by the court the same as any adult, if not more so because of their age.
Recently the Supreme Court rule in Roper v. Simmons that juveniles cannot receive the death penalty, and in Graham v. Florida ruled that juveniles cannot receive LWOP for non-homicide cases. Both of these decisions were due to international attitudes about how to sentence juveniles, the worldwide recognition of the differences between children and adults, international conventions and human rights documents that the United States has signed or is a part of, and the fact that even in the United States there is a growing trend to not sentence juveniles as harshly as adults and make some effort to rehabilitate them, with the idea of release some day.
Justice Anthony M. Kennedy wrote in the Roper case that teenagers are different, at least for the purposes of the ultimate punishment. They are immature and irresponsible. They are more susceptible to negatives, including peer-pressure and teenagers’ personalities are unformed. “Even a heinous crime committed by a juvenile is not evidence of irretrievably depraved character.” Thank goodness Supreme Court Justices are not elected or we might never have seen a decision like this one.
There are many cases where juveniles were influenced or coerced by an adult, peers, or someone they trusted. They were co-conspirators who were involved in the actual act of homicide. Because of their lack of life experience, capacity to understand, and inability to make complete rational decisions they became involved in a situation beyond their control. They lacked the wisdom to fully determine the extent of their action or how to remove themselves from a situation being orchestrated by an adult.
All of us were “kids” once. We have all made bad decisions because we really did not understand. Certainly, those juveniles sentenced to life made the most horrible of all decisions. But, stop and think about what we are actually saying when we agree with or advocate the sentencing of juveniles to LWOP.
The average life span for inmates is approximately 65 to 70 years. By sentencing a 13 to 17 year old to life, are we saying there is nothing they can do in the next 52 to 57 years to be given a chance to reenter society? That they can never be forgiven? That they are so evil, so horrible of a person at that age that they must spend every remaining second of their lives removed from the world? Is there no way for them to fulfill their punishment other than to die in prison?
The sentence of life without parole is itself supposed to be the punishment imposed, right? Yet, we send these children into an environment filled with criminals. An environment where often they will be victims of abuse, rape, and terror. Or, is that part a crime as a kid you just have to take your chances with homosexual rape and abuse? Do you seriously believe these types of things do not happen in prison?
We take these children and remove them from society. We separate them from their families at a stage in their lives when they need to and eventually find to replace their parents? Is the Department of Corrections supposed to assume the responsibility of mom and dad? Is the DOC to teach them right from wrong, honesty, help them develop good character, and lead them to become decent people? How can they successfully do this when there are problems enough with the adult prison population?
Do you even want these kids to develop into good and decent adults? Should we just warehouse them for the rest of their lives? Give up, forget them, write them off as a loss just because they committed this one act? Why not? It is certainly easier than thinking about or preventing the horror they will go through for years to come. It is easier to just forget them than it is to rehabilitate or help them.
Earlier I asked, “What are we saying when we sentence a juvenile to LWOP?” The better question is, what are we saying about ourselves? What about us causes us to give up on a 15 year old? To turn a blind eye to the abuse they will endure? is there something inside us so vengeful that it causes us to not care or be completely indifferent, or heaven forbid even happy or proud of what has happened and will happen to these kids?
Do we even want to try and reform them? Do we only care what will happen to them while they fill our newspapers and televisions? Once they are no longer news worthy, do they cease to exist? If we do not try to help them who will?
Say some miracle does occur, and this kid who has essentially been raised to manhood by criminals, is released, what then? There is a good chance that after 45 or 50 years a good portion of his family will have died. This person will have no close friends outside of prison. What kind of support mechanism will he have?
After spending 2/3 of his life in prison he will now be thrust into a world he is ill equipped to deal with. Having never driven a car, paid taxes, leased an apartment, paid his own way for food and clothing, and has never had a serious loving romantic relationship with a member of the opposite sex, how will he cope? These are all things you take for granted as part of everyday life.
He will have little, no, or outdated job skills that he learned in prison. He is a lifer and ineligible for many of the programs which teach modern skills. The Department of Correction’s view is lifers should be excluded from those programs because they will never be free again, even the DOC has given up hope of ever releasing any of its lifers. How will this newly released man find a job and survive?
How will this lifer, once released, meet and make friends? The people he has lived and dealt with 24 hours s day for the last 40 years, have all been thieves, rapists, and murderers. How can he learn to trust, when for the last 40 years he has learned to guard his every word and action lest he do something that is seen as weak? How can he learn to open up and show positive emotions? When love, compassion, and mercy are considered signs of weakness, things to be exploited.
Some may say even if let out, this lifer is still serving his sentence. He may never, after 40 years, fully be able to reconcile himself to a world of freedom. But of course he deserves all this, right? He broke the law. He was involved in the death of another human being, no matter his level of culpability. He may have been to young to put to death, but he is not too young to suffer rape, abuse, and the slow death of life in prison. Not too young to grow up and then grow old in prison.
We, the United States, lead the world in the sentencing of juveniles to lwop, and Pennsylvania leads this nation. We are #1! There is something for us to be proud of. We should brag about this, lord is over the other states. Maybe a parade or a banner across the capital building in Harrisburg, “The #1 state in juveniles serving life without parole, 20 years running!” There is no other country in the world, no other state in this nation that even come close to Pennsylvania’s 464. So we lock them kids up and throw away the key, after that forget them.
Sorry, that was a bit too sarcastic. Certainly, this the great state of Pennsylvania can figure out a better way. A way that involves punishment, rehabilitation, education, and mercy. I refuse to believe that children in Pennsylvania are more violent than anywhere else in the world. I have not forgotten that they have destroyed a life. But, let us not allow them or ourselves to destroy a life. We are better people than that. Try mercy instead of revenge, compassion instead of indifference.
For those of you who have not been swayed by my argument so far, let me try a different approach. I have appealed to your heart and mind, how about an appeal to your pocket? Let’s talk money. As a taxpayer the fate of these juvenile lifers affects you whether you are for or against LWOP for kids.
It cost approximately $33,000 per year to feed house, cloth, and otherwise take care of an inmate who is under 50 years old. Upon reaching 50 the price goes up to $65,000 a year. The DOC’s yearly budget is around $1.8 billion and growing. All paid for by you the taxpayer.
There are 464 lifers in Pennsylvania who were under the age of 18 when their crime occurred. I am going to use some rough numbers here so bear with me. First, let’s round 464 to 450. Next, separate it into 3 equal groups, group A, B, and C. Then, estimate the average current age of group A as 20, group B as 30, and group C as 40. Let us then assume that none of these lifers will be released and that all of them will die in prison but, not until they reach 65 years old. Let’s see what the taxpayers of this state will be asked to pay over the life span of these letters.
Cost of group A over their lifetime: $294,750,000
30 years at $33,000 and 15 years at $65,000 X 150
Cost of group B over their lifetime: $245,250,000
20 years at $33,000 and 15 years at $65,000 X 150
Cost of group C over their lifetime: $195,750,000
10 years at $33,000 and 15 years at $65,000 X 150
Cost of all groups combined $735,750,000
Again 464 may not have seemed like a large number, but $735,750,000 has to grab your attention. That is not all! Every year there will be more juveniles sentenced to LWOP. Kids who will cost the taxpayers more money and who advocates say should not be given a chance at release until they cost $65,000 a year. How many juveniles will be sentenced to life on average in a year? I do not know, I am fairly certain at the rate PA is going you could bet on at least 10 a year. Figure out how much they will cost you over their lifetime if the average age of each is 16 when arrested.
My figures may not be 100% accurate. I am using some speculation as to ages. You will have to do your own research. I am sure some of you will come up with figures that are less and more than what I have here. But, $735,750,000 is in the ballpark. More than likely the cost by the time each one of these 464 people die in prison will be over a billion dollars. All paid for by you, your children, and your grandchildren.
Do not worry. With a budget of $1.8 billion a year and growing, the DOC has enough of your money to cover the cost. Do not worry because it does not seem as if our legislators are. Just work hard and pay your taxes. The DOC is more than willing to hold these kids in prison until they die. Just like you want them to, as long as you are willing to pay for it.
I am not asking any of you to take what I have written at face value. Please do your own research. I have used my 22 years worth of prison experience, as well as:
Senate Resolution 149
“The Rest of Their Lives, Life Without Parole for Child Offenders in the United States” by Amnesty International and Human Rights Watch
These are sources two of information but I am sure you can find more.
Please think about all this. Ask yourself, “Is there not at least one of these 464 lifers who deserve a chance?” Maybe one who was a co-conspirator, or 2nd degree, someone who was not the “trigger man”, who we could release before they are 50 years old?
Our system is one of punishment and rehabilitation. If we never give these men a chance how can we say we are rehabilitating them? We always hear about the failures, the “Reggie McFaddens”. We never hear about the successes. What about those who were given their chance and went on to live productive, crime free, successful lives? Apparently in the 60’s, 70’s, and 80’s their were quite a few lifers who were able to overcome their past and prove themselves. Is not there at least one more?
Should not we take a serious look at this issue? Before some of these lifers have spent 2/3 of their life in prison? That to release them might be less merciful than leaving them in the only home they have known for all of their adult lives. I have heard it is said, “A society is judged by how it treats the least of its citizens.” Certainly these kids who were sentenced to spend the rest of their lives in prison are some of the “least of our citizens”. How in the coming years will we treat them? How will we be judged because of that treatment?
If you cannot find it in yourself to consider mercy, then, and I know this is shallow, can you consider saving yourself some money. Again, look all this up for yourselves. In this age of information and technology it behooves us to make decisions on crime and punishment of children filled with knowledge and not out of feelings of fear, revenge, or indifference and certainly not just because those we elect tell us this is the way it should be.
There are plenty of organizations both for and against lifers and inmates in general. I will not name them here. They may not wish to be associated with this letter. They will be willing to answer any questions you have. I am hopefully this letter will invoke an outcry against life for juveniles, but I know for some it will only re-enforce their belief that all those in prison deserve what they get. My goal in writing this was not to really change any one’s mind, though I am optimistic. You have to change your own mind. I only wish to spark public debate. Which I believe, in the great tradition of this country, is how great change happens.
Read. Research. Debate. Decide for Yourself!
M.