Massachusetts Coalition for the Fair Sentencing of Youth Juvenile Life without Parole sentencing Press Kit

Press Kit Enclosures: About the Coalition Coalition Members Current Sentencing Law United State Supreme Court Massachusetts Statistics Making Good on Second Chances David D. Making Good on Second Chances Michael C. Prior Media Coverage Contact Information

About the Coalition The Massachusetts Coalition For the Fair Sentencing of Youth (the Coalition) is comprised of a diverse mix of community organizations and individuals, dedicated to abolishing the practice of imposing life without parole sentences on people who were under the age of 18 at the time of the offense. Specifically, the Coalition engages in public education, policy advocacy and grassroots mobilization activities. The Coalition operates under the auspices of the Youth Advocacy Foundation, a 501(c)3 organization. Policy Education & Advocacy The Coalitions goal is to inform and educate policy makers, in an effort to ultimately improve sentencing outcomes for young people by providing judges with either a range of ageappropriate sentencing options or by instituting paroleble sentences. By granting the possibility of parole, even in these tragic cases, we can ensure that the sentence of a young offender is reviewed after that person has matured and had the opportunity to reform. We are also working to ensure that any policy solution includes significantly increased access to programs for these young people, to provide them with both the tools and opportunity to grow and reform. Grassroots Mobilization The Coalition coordinates the efforts of more than two dozen community organizations throughout the Commonwealth, organizing, educating and mobilizing these community partners into action. Partner organizations include members of the mental health community, direct service providers, professional and legal associations, education-based groups, social justice organizations and family members of homicide victims.

Press Kit | Massachusetts Coalition for the Fair Sentencing of Youth

Coalition Members (as of April 2013) ACLU of Massachusetts Center for Public Representation Childrens Law Center of Massachusetts (CLCM) Childrens League of Massachusetts Childrens Mental Health Campaign (CMHC) Citizens for Juvenile Justice (CfJJ) Committee for Public Counsel Services (CPCS) Dorchester Youth Collaborative Lawyers Committee for Civil Rights Louis D. Brown Peace Institute Massachusetts Association of Criminal Defense Lawyers (MACDL) Massachusetts Association of Court Appointed Attorneys (MACAA) Massachusetts Bar Association (MBA) Massachusetts Office of the Child Advocate Massachusetts Psychological Association Massachusetts PTA Massachusetts Society for the Prevention of Cruelty to Children (MSPCC) National Association of Social Workers, Massachusetts (NASW) Parent / Professional Advocacy League (PPAL) Prisoners Legal Services of Massachusetts ROCA, Inc. Roxbury Youthworks, Inc. St. Dismas Committee The Home for Little Wanderers (the Home) United Teen Equity Center (UTEC), Lowell

Press Kit | Massachusetts Coalition for the Fair Sentencing of Youth

Current Sentencing Law Under current Massachusetts law, youth who are age 14-17 and are charged with first or second degree murder are automatically tried as adults in the Superior Court.1 There is no opportunity for judicial transfer to juvenile court, often known as reverse transfer in other states. Additionally, the District Attorney does not have the discretion to file such cases in juvenile court, as they can in other states. Finally, all 17 year-olds, no matter what the charge against them, are considered adults under the states criminal law. After the District Attorney charges a juvenile in adult court, there is no point in the proceedings when the judge or the jury can consider the juveniles age, history or potential for rehabilitation. Like an adult, if a child is convicted of first degree murder, he or she receives a mandatory life without parole sentence.2 There are no exceptions. Neither the judge nor the jury have any opportunity to impose a lesser sentence. Upon conviction, the law automatically says that the child is irredeemable and should have no opportunity to prove his or her rehabilitation. In June 2012, the United States Supreme Court announced a decision in the juvenile sentencing cases, Miller v. Alabama and Jackson v. Hobbs. In their decision, the Supreme Court prohibited sentencing schemes that mandate the imposition of a life without parole sentence on people under age 18 at the time of the offense because these schemes amount to cruel and unusual punishment, which is prohibited by the 8th Amendment to the U.S. Constitution. As a result, the sentencing structure for first degree murder in Massachusetts is unconstitutional as written. (More information on the Supreme Court decision on the next page).

MGL Ch. 119 74 (The juvenile court shall not have jurisdiction over a person who had at the time of the offense attained the age of fourteen but not yet attained the age of seventeen who is charged with committing murder in the first or second degree.) All seventeen year-olds are considered adults under the Massachusetts criminal laws. MGL Ch. 265 2 (establishing mandatory imposition of life sentence without eligibility for parole for persons convicted of first degree murder).

Press Kit | Massachusetts Coalition for the Fair Sentencing of Youth

United States Supreme Court The U.S. Supreme Court has determined that the fact that a person is a child is relevant to matters of justice and the law in several decisions. The message that kids are different has been established by the Court and is well supported by scientific research. In these decisions, the Court has ruled that child status must be considered at sentencing. Laws that treat children like adults and ignore relevant factors related to their status as children their lessened culpability, their unique vulnerability to peer pressure, their lack of understanding of the consequences of their actions and impulse control, and their particular capacity for rehabilitation can no longer be justified. Miller v. Alabama & Jackson v. Hobbs On June 25, 2012, the U.S. Supreme Court ruled that it is unconstitutional to impose a mandatory life-without-parole sentence on someone who was under the age of 18 at the time of the crime. The Court struck down all statutes that require a child to be sentenced to die in prison, including the sentencing scheme in Massachusetts. The ruling granted new sentencing hearings for Kuntrell Jackson and Evan Miller, petitioners in the two cases before the Court, both of whom were automatically sentenced to life in prison without parole for crimes they committed at the age of 14 (the Court issued one opinion in the two separate cases of Miller v. Alabama and Jackson v. Hobbs). The Court held that imposing mandatory life-without-parole sentences on children contravenes Grahams (and also Ropers) foundational principle: that imposition of a States most severe penalties on juvenile offenders cannot proceed as though they were not children. Therefore, regardless of the crime committed, child status matters. Justice Kagan, writing for the majority, said that sentencing should include consideration of a childs chronological age and its hallmark features, such as immaturity, impetuosity and failure to appreciate risks and consequences. It also should take into account the family and home environment from which the youth cannot usually extricate himself, even if it is brutal or dysfunctional, as well as the youths role in the crime and potential to become rehabilitated.

Press Kit | Massachusetts Coalition for the Fair Sentencing of Youth

Massachusetts Statistics Currently, 62 people in Massachusetts are serving life without parole sentences for offense that occurred before these individuals were 18 years-old 44% of the people serving juvenile life without parole were first time offenders 42% of the people serving juvenile life without parole were convicted based on a felony murder theory, meaning that the person convicted did not directly cause the death of the victim Education 48% repeated a grade in school 52% were received special education services prior to their arrest 48% were regularly attending school at the time of their arrest

History of Physical or Sexual Abuse 37% admit to being physically and/or sexually. Nearly all of the abuse was by a family member Parental Presence 42% had an inconsistent parental presence during childhood as one or both parents were incarcerated, they were in foster care, or both 35% had one or more parents with a substance abuse problem during childhood

Acting with Co-Defendants 40% acted with co-defendants o 80% of the cases where there was one or more co-defendants, included adult codefendants o 48% of co-defendants are known to have received a lesser sentence

Press Kit | Massachusetts Coalition for the Fair Sentencing of Youth

Making Good on Second Chances David D. David D. was sentenced in juvenile court during a brief period in the early 1990s where juvenile court judges had the ability to impose a 15-20 year sentence for first degree murder adjudications. He served 15 years before becoming eligible for parole. The parole hearing was a chance for David to prove that he was not the same person in his 30s as he was at age 16; that he had been rehabilitated. Release after 15 years of incarceration was not guaranteed. The Parole Board could have denied parole and granted David a later hearing. In prison, David took advantage of every school program, work program and counseling session available to him. The old law permitted him to stay in the custody of the Department of Youth Services (DYS) until he was 21 years old, before being transferred to the Department of Corrections (DOC). While in the custody of DYS, David finished the credits necessary to receive a diploma from his public high school and began taking college level courses. David says of this time: Being incarcerated allowed me to see who the true David really was, and to prove to myself, family members and others that doubted me in changing. At 16, I didnt know who I was. I did not have the tools to sort through traumatic personal experiences. I now have the tools and capacity to be in control of my actions and my life. I have worked hard. I am still working on myself, and plan to do so for the rest of my life.3 David continued his studies, counseling and work programs in DOC. He also became a mentor and teachers assistant for younger prisoners. During the 15 years, he had only one disciplinary infraction for fighting with another prisoner, when he was 18 years old. The Parole Boards decision to grant David parole was unanimous. The Board concluded that the intended goals of [Davids] sentence and the criminal justice system have been met. [David] from all accounts, has rehabilitated himself[.] Since his release, David has pursued a productive and stable life in his community with his characteristic determination. In addition to his full-time job in mental health services, he works weekly shifts in a building supply store. He continues to mentor young people by finding time to return to DYS now as a guest speaker, talking about his experience and how to learn and grow while in DYS custody.

Childrens Law Center interview with David D. in Boston, Massachusetts (May 12, 2009).

Press Kit | Massachusetts Coalition for the Fair Sentencing of Youth

When I talk to the kids in DYS, David told us, I try to tell them to remember: you are human yourself. Dont be afraid to ask for help, because we all do even the hardest individuals. Just dont throw away your life to prove your ego. Under todays law, David would almost certainly be sentenced to spend the rest of his life in prison for his crime. The facts of his case are similar to some of the cases of people serving juvenile life without parole. His background, too, had much in common with the people serving life without parole for childhood crimes. In his Boston neighborhood, Davids single mother struggled to raise four children, one with severe mental and physical disabilities. When he was still in grade school, Davids father killed his girlfriend and then himself. David became withdrawn, pulled away from his family and started associating mostly with older peers. As a young teenager, he was heavily involved in using and selling drugs. The violence his father had turned on himself and his girlfriend was echoed in Davids community. David says that one of the most important steps he took was not to return to that community. He is fortunate, he explains, to be able to make such choices and have new experiences. I know one thing: my victim will forever be a part of my life the fact that it is at his expense that I have what I have now. David is doing his best to honor the opportunity he has been given.

Press Kit | Massachusetts Coalition for the Fair Sentencing of Youth

Making Good on Second Chances Michael C. Michael was a member of a gang in Dorchester. Although he did well in school and had a strong relationship with his parents, he described having two lives: a home life and a street life. In his street life, he could have status and, from the age of 13, easy money from selling drugs. When he was 16, Michael was shot at several times by two gang members while he was sitting in a car outside a convenience store. The car was parked on a street that was dominated by a rival gang. A bullet hit his shoulder, just missing his head. Weeks later, Michael learned that the person who had shot at him was nearby. He armed himself to retaliate; when he found the person who had shot at him, he shot several times from some distance away and one bullet killed the victim. Michael was tried in juvenile court. At the time of his offense, the law in Massachusetts only allowed the juvenile court to sentence someone to the custody of the Department of Youth Services (DYS) until their 18th birthday. Michael was released at age 18. The gang life and the easy money he could make were still a strong pull, [b]ut I was given a chance and I wanted to change. I knew I couldnt go back to it.4 When he got out of DYS, Michaels family was no longer living in Dorchester. Michael decided to go even further away from his old life and went to college in Virginia to study communications. He played college basketball and finished three years of college before electing to work full-time. In 2000, he married his high school sweetheart. They now have two daughters. My daughters are my world, my life, he told us.5 Michael is grateful for the chance he was given to leave his street life behind, to change and to have a family of his own. Some call it success. I call it growing up.

Childrens Law Center interview with Michael C. in Lynn, Massachusetts (April 9, 2009). Letter from Michael C. to Childrens law Center (May 2009)

Press Kit | Massachusetts Coalition for the Fair Sentencing of Youth

Prior Media Coverage

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Contact Information Brian Gutman, Coalition Coordinator Email: bgutman.mafsy@gmail.com Phone: (617) 988-8374 Web: www.fairsentence.net Facebook: fb.com/fairsentence Twitter: @fairsentence

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