In the 8th amendment it states "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted." Life without parole for juveniles directly violates this amendment because the punishment of being sentenced to life with absolutely no opportunity for release is extremely cruel and unusual. It was found unconstitutional to give juveniles the death sentence by the United States Supreme Court in 2005, but what is the difference between the two? In my opinion the death sentence and being sentenced until death are the same punishment because either way, that person dies as a convicted criminal with no chance of rehabilitation. "When I die, that's when they'll send me home," said Charles T. from article Teenagers Sentenced to Die in California Prisons. When Charles says this he means that even though he doesn't have the death sentence, he will still die as a prisoner. Juveniles that have been sentenced to LWOP don't have the opportunity to prove rehabilitation, and in the case of these adolescents, rehabilitation is more likely. Advances in neuroscience prove that teenagers continue to develop, and are still developing during their sentence, in ways that are relevant to being able to "learn their lesson". A person under the age of 18 has a brain that is still developing, they are still very immature, which makes them have limited comprehension of risk and consequences and the inability to act with adult-like volition. Being a teenager under the age of 18, I can agree that I have yet to grasp certain concepts that adults have, and looking back at my earlier teenage years I can prove how much I have developed and matured in that short time. Even in the sort time-span of a year, going for 16 to 17, I have noticed a drastic change in my maturity and common sense. Last year I used to be irresponsible and put myself in extremely dangerous situations, and it is not until now that I realize how dangerous they really were, or how severe the consequences could have been. Coming from a teenager, and an informed student, I believe that sentencing life without parol for juveniles is cruel and unusual, going directly against the 8th amendment.
Tuesday, March 16, 2010
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Thanks for your thoughtful and well-reasoned response.
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