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Friday, June 18, 2010
End of 'life without parole' for teens welcomed by advocates

By Doris Benavides
text only version

"Finally God, some people are listening to our prayers. Please help us to get a second chance."

That was the prayer of a 15-year-old serving a sentence on life without parole at Barry J. Nidorf Juvenile Hall in Sylmar when he was notified about the recent Supreme Court decision to end the lifelong sentence for juveniles.

The court's ruling has brought hope to the incarcerated and their families, and it has reaffirmed the belief of juvenile justice advocates that youth do not deserve to be treated like adults with the most serious forms of punishment. They maintained, though, that more education and awareness is needed among parishioners and the community as a whole, regarding treatment to youth within the prison system.

"It is a mistake sentencing minors to life without parole," Auxiliary Bishop Gabino Zavala told The Tidings. "The Supreme Court's decision gives youth a hope that they can return to society.

"But how many people know about this decision?" asked Bishop Zavala, who co-chairs the Restorative Justice Committee of the California Catholic Conference of Bishops with Bishop of Monterey Richard Garcia. "A lot more education is needed. A lot of people may not understand this or they are not aware of the SB399. There's a need to raise awareness."

In a 5-4 decision May 17, the Supreme Court ruled that life without parole (LWOP) for non-homicide crimes committed by juveniles was unconstitutional. The court based its ruling on Graham v. Florida, in which 16-year-old Terrence Graham and three other adolescents attempted to rob a restaurant. As part of a plea bargain, Graham received three-year probation under his promise that he would change his life, but a year later he violated his probation when caught in a robbery. Although a pre-sentencing report from the state Department of Corrections recommended a maximum of four years, Graham was sentenced to life in prison without parole.

"I maintain that one of the best kept secrets is what we do to our children of color by sentencing them to die in prison when they are as young as 14," said Jesuit Father Mike Kennedy, chaplain at the Sylmar juvenile hall and executive director of the Jesuit Restorative Justice Initiative. "This recent decision of the Supreme Court begins to both add sanity to the question of giving kids a second chance and educate people to the fact that we are the only country in the world that gives such cruel sentences to children," he continued.

According to Human Rights Watch, in California about 255 teenagers are serving LWOP, four of them for non-homicide crimes. A large number of adolescents suffered the same sentence for participating as onlookers or other secondary roles in homicides committed by adults. In many cases the teens were not aware the killings would take place.

'Guide me the right way'
"I am experiencing a lot of problems in this juvenile hall," wrote Johnny, an adolescent who is being tried as an adult at the Sylmar juvenile hall. "I pray and pray that things will get better before it gets worse, but it seems like I'm facing more difficult problems. Lord, guide me the right way," he prayed.

"Minors are more susceptible to peer pressure; their brain is not totally mature and they make reckless decisions," noted Bishop Zavala. "These minors were sent by somebody (to the crime scene), but because they were part of a group they were given the same sentence as the shooter. So the Supreme Court decision is good for a first step in cases that do not involve murders."

Jesuit Father Scott Santarosa, pastor of Dolores Mission Church in Boyle Heights, said he was "heartened by the decision. It makes me hopeful that it will go farther and include young people involved in homicides or other type of crimes because youth cannot be treated as adults, The juvenile mind is different than adult's."

Every second Sunday of the month, a mid-morning Mass at Dolores Mission is dedicated to the families of the incarcerated, followed by a support group where they are "validated as people because many of the parents feel responsible for what their kids have done and they feel the pressure from society," said Father Santarosa. "We show them they have a place at the table, which they do."

He believes preaching and living the Gospel are the ways to raise awareness about the issue.

Javier Stauring, co-director of the archdiocesan Office of Restorative Justice, welcomed the Supreme Court's ruling, but thinks there is much to be done at a state level.

"It highlights the need for the California state legislature to take action," he pointed out. "Without leadership from Sacramento, California will continue to throw away the lives of young people."

Scheduled by the end of this month in the state Legislature is a discussion of the Fair Sentencing for Youth Act (SB399), a bill that allows the possibility of reviewing the cases of prisoners who were incarcerated in their teenage years, if they have shown improvement after a decade in prison.

"Passing SB399, which the California Catholic Conference highlighted during our Lobby Day (April 27), would be an excellent first step in responding to this court decision," Bishop Zavala and Bishop Garcia wrote May 18.

"With the LWOP we are telling these teenagers, 'We don't care if you change, we have given up on you', which contradicts the faith-based teachings and principles of redemption, compassion, understanding and mercy," Stauring added.

For more information, call the Office of Restorative Justice, (213) 438-4820, ext. 13.



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