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The Declaration on the Rights of the Child
"The United Nations adopts the Declaration on the Rights of the Child, which recognizes that children need special legal protections because of their immaturity. The United States ratifies," (WGBH educational foundation, 2014).
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International Covenant on Civil and Political Rights
"The United Nations adopts the International Covenant on Civil and Political Rights, which requires that members emphasize rehabilitation over punishment for juvenile offenders," (WBGH educational foundation, 2014).
The U.S. ratifies in 1992, however, they included the reservation that "the United States reserves the right, in extreme cases, to treat juveniles as adults," (WBGH educational foundation, 2014).
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Juvenile Actions can Cost You Your Life?
Between the years of 1976 (when the death penalty was reinstated in the U.S.) and 2005 (due to the Supreme Court Roper decision), "22 defendants were executed for crimes committed as juveniles," (Rovener, 2018).
[Note: A juvenile is considered anyone as young as 13].
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Stanford v. Kentucky, 492 U.S. 361 (1989) and other Related Rulings
The U.S. Supreme Court ruled that the Eighth Amendment did not stand in the way of the death penalty for juveniles aged 16 or 17.
"The Washington Supreme Court set the minimum age at 18 (State v. Furman, 858 P.2d 1092 (Wash. 1993), and the Florida Supreme Court set the minimum age at 17 (Brennan v. State, 754 So.2d 1 (Fla., 1999)), "Death Penalty Information Center, 2018). Link text -
Convention on the Rights of the Child
"The United Nations adopts the Convention on the Rights of the Child, banning sentencing juveniles to life without parole. Of the 140 signatory nations, only the United States and Somalia fail to ratify it," (WGBH educatoinal foundation, 2014).
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Roper v. Simmons, 543 U.S. 551 (2005)
In this Supreme Court case, juveniles were ruled unable to be sentenced to execution. Juveniles were capable of reform and entitled to a chance at it; the death penalty was cruel and unusual for children. This ruling impacted the lives of 72 juveniles on death row.
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Graham v. Florida, 130 S. CT. 2011 (2010)
The Roper case would call for the harshest punishment a juvenile (>18) could endure being life in prison without parole. "In Graham v. Florida, the Court banned the use of life without parole for juveniles not convicted of homicide," (Rovner, 2018).
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Miller v. Alabama AND Jackson v. Hobbs, 132 S. Ct. 2455 (2012)
After Roper, 2,500 juveniles were in prison for homicide-related offenses. They were facing life without parole. The U.S. Supreme Court decided that a life sentence without a chance at parole was a violation of the Eighth Amendment for juveniles, (Rovner, 2018). Link text -
The States Change their Laws
"28 states and the District of Columbia have changed their laws for juvenile offenders convicted of homicide (including felony murder)... These new laws provide mandatory minimums ranging from a chance of parole after 15 years (as in Nevada and West Virginia) to 40 years (as in Texas and Nebraska). Twenty-nine states still allow life without parole as a sentencing option for juveniles," (Rovner, 2018).
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Montgomery v. Louisiana 136 S. Ct. 718 (2016)
Due to 28 states inconsistency with the interpretation of the Miller ruling (was it retroactive or not), Mongomery V Lousiana occurred.
The U.S. Supreme Court decided that the Miller ruling was to be interpreted as retroactively. "Moreover, the severest punishment must be reserved “for the rarest of juvenile offenders, those whose crimes reflect permanent incorrigibility.”," (Rovner, 2018).
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What Now?
"The U.S. is the only country currently known to still sentence juveniles to life without parole," (Mental Health America, 2018).
Juvenile offenders serving LWOP in U.S.=2,600
For 59%, this was their " first-ever criminal conviction".
16% were 13-15.
26% were sentenced under a felony murder charge where their offense did not involve carrying a weapon or pulling a trigger.
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Hope for the End of Juvenile LWOP
Despite an overwhelming amount of negative information regarding JLWOP, there are people trying to help. Groups like the Mental Health America, Juvenile Law Center, and ACLU are all in the line of trying to destroy JLWOP in the U.S. Over the years, the Supreme Court has seen case after case and has taken steps to end JLWOP, however, there is a very long ways to go.
