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Senate Co-Sponsorship Memoranda
Senate of Pennsylvania
Session of 2015 - 2016
Regular Session
MEMORANDUM
| Posted: | January 8, 2016 09:53 AM |
|---|---|
| From: | Senator Shirley M. Kitchen |
| To: | All Senate members |
| Subject: | Juvenile Life Without Parole |
| In the near future, I plan to introduce legislation to prohibit Juvenile Life Without Parole (JLWOP). Juveniles are a very vulnerable group of society, susceptible to making decisions without full realization of the effects and consequences. It was for this reason that the United States Supreme Court decided Miller v. Alabama,[1] which held that mandatory JLWOP constituted cruel and unusual punishment in violation of the Eighth Amendment. The Court recognized that juveniles deserve special protection from the judicial system. As Pennsylvania law currently stands, a juvenile can be sentenced to life without parole and life imprisonment for first and second degree murder on a discretionary basis. Consequently, Pennsylvania has over 480 individuals serving juvenile life without parole sentences, which is the highest amount of any state in the country.[2] As the Supreme Court noted in Miller, the rationales for harsh punishments, such as life without parole, are not applicable to juveniles. Many juveniles will continue to mature and reform after their sentencing, and deserve the opportunity for rehabilitation and release. If sentenced to life without parole, juveniles will continually be punished for childhood mistakes, long after reformation has occurred. Furthermore, the Pennsylvania Department of Corrections has indicated that recidivism rates for Pennsylvania have reached an all-time low within the past several years.[3] In addition, this legislation will save money that would otherwise be spent on housing juveniles for the remainder of their lives. The goal of this legislation is not to abdicate responsibility from juveniles, but rather to ensure they receive a just sentence. Please join me in sponsoring legislation that will protect our most vulnerable citizens, and allow them the opportunity to rehabilitate. [1] 132 S. Ct. 2455 (2012). [2] Defender Association of Philadelphia Testimony of Juvenile Life Without Parole Before The Senate Judiciary Committee, July 12th 2012. [3] http://www.newsworks.org/index.php/local/harrisburg/51743-study-provides-snapshot-of-pa-recidivism-rate. |
Introduced as SB1147