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A Forum For Discussion of the Issue of Juvenile Offenders Sentenced to Life Without Parole NOW WE HAVE A LIVE BLOG WHERE ALL CAN POST AND COMMENT INTERACTIVELY: http://victimsofjlwop.blogspot.com On this page the National Organization of Victims of Juvenile Lifers provides a place for all points of view in the debate over the sentencing of extremely violent juveniles to long term or life sentences. We welcome all who are ready to converse about this issue with all of integrity who are interested in advancing the discussion. If you wish to post on this page, send us their comment and we will post it within a day or two. This page is especially appropriate for inmate correspondence, since we know they cannot go to a blog (hopefully). SCROLL DOWN for letters we have received. We will post anything people send us, except to edit for offensive language or anything that disrespects the pain that murder victims' families live with constantly when discussing this issue, as well as the fundamental human rights of all people on the planet. Also on this page we include important correspondence related to JLWOP. Scroll down for more. Here is a great book to help prompt the discussion - THE CASE AGAINST ADOLESCENCE
OTHER FORUMS on the JLWOP Issue
National Organization of Victims of
Juvenile Lifers Editors NOTE: We are grateful for the very respectful and sympathetic tone from every single letter from an inmate we have received. We appreciate for this tone, consistently, and the time they took to write to us. Their behavior often is exemplary towards us in this regard, and should be a role model for the professional offender advocates who are not behind bars and have not treated us as well. They have not reached out to us, generally, and have not responded to our calls for dialogue even as well as some of these inmates have.
Selected passages from a long letter from an Illinois Inmate Valdez Jordan #B-29482, not a juvenile Lifer: "I believe juvenile life without parole is wrong and unfair in so many ways because it deals with and focuses on only the end result. Yes, the crimes. . .committed were horrible and alarming and every guilty individual should pay for their role played in committing a crime, but to throw a 14-to 17 year old boy or girl in prison and leave them to die is simply unlawful and immoral.. . .[the sentence does not deter crime ] just ask the juveniles if he had even thought about or considered what it means to spend the rest of his natural life in prison and most will tell you no. So how can one hold juveniles fully responsible for their acts without holding society fully responsible for its acts. One cannot use the old saying that ignorance of the law is no excuse especially for juveniles, because while ignorance of the law is no excuse, it is a good reason not to throw a teenager into prison for the rest of their life, especially when most of them were not provided with all the safeguards and tools needed to prevent them from being put in such a position in the first place, safeguards and tools of which could have only come from the aid of our society."" Selections from our response mailed to Mr. Valdez: You speak often in your letter of what you believe “should” be the case – ideally. We would love to live in a world of ideals. We would give literally anything if people would do the things they “should”, and not do the things they should not. Sadly, we do not live in that world. Your letter said that long term sentences for extremely violent murderers were “illegal and immoral”. You are mistaken as, of course, these sentences are NOT illegal. Every single state, the federal government, tribal and territory jurisdictions all have a track that allows those extremely violent juveniles to be tried and sentenced as adults, and often to long sentences, appropriately. The “immoral” question is a difficult one for me to respond to, given the extreme immorality of what was done to my family members. Morality has been removed from this whole process by the original offense and offender, not by us... [The offender who murdered my family members can be rehabilitated while serving his sentence, we are hopeful, and] can do a great deal of good, if he so chooses, while still in prison. So can you. You closed your letter by calling for more peace and understanding, as well as helpful actions, between us. We welcome this. We have lots of ideas of how offenders can work to help victims of violent crime while behind bars. If you are interested in hearing some of these ideas, let us know. NOVJL
A letter from an inmate sentenced to JLWOP in Illinois - and this letter is addressed to all other inmates serving Life sentences for crimes committed before they turned 18: Sunday April 12, 2009 "Dear Juvenile Lifers -I hope these thoughts finds you all in the best of health and spirit and standing strong in your situations. As for me, I'm standing strong all Thanks to the Most High. My name is Addolfo Davis. I am 32 years old and serving life without parole. So know that I feel your pain. But today I write you not about our pain, but the pain of our victims and their love ones. Because its not all about 'us'. Today I come to you because I want you to know that 'we' have hurt and destroyed lives and families with our actions. And we can't go back in time and change what happen but we can take responsibilities for our action and apologize to our victims families. We have already put them through enough. They deserve this. I know some of you might feel that you have changed and not the same 'juvenile' you once was. And blieve you have it all together. But the truth is any of that mean nothing if you haven't taken responsibilities for your actions and apologized to the people you have hurt. I know this might seem hard, but its not. You are doing the right thing, and bringing some kind of healing in their lives and at the same time in your life. So with that said I will close this. Take care and God Bless you all. Respectfully, Addolfo."
Some emails to NOVJL in response to the CNN coverage of the JLWOP issue in April 2009:
Hello, OUR RESPONSE to the CNN story: We were inundated with emails from both supporters (thanks to all who wrote in support of what murder victims family members are going through right now, and most of all for the thousands who have no idea of what is being proposed) AND emails from supporters of the offenders. Some of them demanded that we forgive, while insisting we were in a dark and horrible personal place if we had not. We were disappointed that the CNN story did not, as so many other PR efforts for the offenders, talk about the horrific and GUILTY aggregious cases of killings that permeate this sentence. Yes, there are sympathetic cases. Actually there are innocent and sympathetic cases in EVERY level of the criminal justice system- adult offenders, juvenile offenders, life sentences, much smaller sentences, non-violent and violent offenders. With such cases all over, a larger coverage and not so biased angle to the story would have better expressed the true story CNN was attemped to do.
Below is a letter from an inmate serving JLWOP in Illinois. He wrote to NOVJL and asked that we post this letter. Anyone who wishes to respond to this may contact us or write directly to him may write him at: Addolfo Davis #B-55374 11-25-08 To The National Organization of Victims of Juvenile Lifers "NOVJL" - I hope these thoughts finds you in the best of health and spirit. As for me, I'm doing well especially because I have been blessed with this opportunity to share my thoughts with you. But before I continue I would first like to apologize to you all for the heartache and tears we have caused you. I know its not my place to apologize for the actions of others. But I apologize because when I was out there gangbanging, selling drugs and living that street life there might been kids looking up to me and followed my footsteps and has caused someone else heartache because he/she followed my footsteps. So for that I truly do apologize. My name is Addolfo Davis. I am 32 years old and has been incarcerated since I was 14 years old. I am one of the 103 JLWOP inmates in the state of Illinois. Now I will share a little bit about my journey. I came up in an unstable home - mother on drugs and did not care about me and my father was in and out of my life. He didn't care about me either, and there was many, many more problems in my household. So to make a long story short, I turned to the street for that love, support, and peace. And I found it in a false reality. Gangs, selling drugs, and living the street life. I loved my gang members. They was my family. They took care of me, showed me love, and protected me. They gave me more than my blood. So in my eyes they could do no wrong. And living in that false reality is what got me here as well as many others. That same false reality is still taking lives and imprisoning our youth. Now don't think for a second I am trying to take the blame off us. Never. But I do want you to try and understand how most of us ended up to that point in our lives that lead to us taking someone else's life, or participating in the crime. Like I said, I know there is nothing I can say or do that will bring back your loved ones or take away that heartache, but I believe that if you understand our journeys, we can help stop other youth from ending up with such fate, and stop the bloodshed of innocent people. That's why I share my thoughts with you. I also want to share something else with you. But before I do, know that I mean know dis-respect to you or am I trying to take away from what has happen to you and your loved ones. What happen should have never happen, and yes, we should be punished. But there are some of us who was found guilty for accountability. (Ed note - a legal term for those guilty of murder for being accomplices) For being lookouts, for playing little role in the crime, or for not being the shooter. Like I said we should be punished but not given life for accountability. I was found guilty for accountability and I do take responsibility for my participation in the crime. I feel I should have done or said something while my co-defendants talked about what they was about to do but I just stood there. I beat myself up each day for not running or doing something to stop what happened. I ran but a little too late but I don't feel I should have got life. And like I said there are many just like me. So I ask that you don't take this as disrespect, I know you all has suffered alot but I wanted to share my thoughts with you all about us who was found guilty for accountability and was given life also with the hopes that you all will find it in your hearts to forgive us and help us. With that said I will close this with the hopes that I hear from y'all. Feel free to write me and share your thoughts with me. I will answer all letters honestly. Take care, and God Bless You All and Love Ones. Respectfully, Addolfo Davis Post Thought: To the Families and Friends of my victims, as well as the victims who are still alive, I want to apologize to you all for the heartache, tears and bad memories I have caused. I know an apology can't change what happened. But I pray that you will find it in your heart to forgive me. And know if I can go back and change things I would. So once again, I truly apologize for everything and pray that you can forgive me. Respectfully, Addolfo Davis Editorial Response: This letter reflects once again the pain of the entire situation, in this case for offenders as well as victims. There is nothing to feel good about in this entire discussion because there is pain and agony all the way around. Those who are murdered suffer beyond description. Those who loved them that are left behind suffer beyond description. And those incarcerated for the horrific acts suffer sometimes beyond description. The only answer? PREVENTION. We must do all we can to prevent murders, 2/3 of which are enabled by easy access to guns due to the lax gun laws created by the profit-motivated gun lobby. But to Addolfo's point about the issue of sentencing accomplices to the same punishment as the actual "trigger men" -- that is a common standard in law in virtually every state nationally. The real issue is that there are accomplices, and then there are accomplices. The 17 year old who hands the 15 year old the gun and tells him to shoot (as happened recently in Chicago) definitely deserves the same sentence. But might there be offenders serving full sentences for acts of far less culpability? It seems possible, not just for juvenile lifers but for all those incarcerated in the United States for being accomplices to murder. We support the work of criminal justice reformers who work to refine these standards in law. And we believe that one way to answer the concerns of international voices in human rights organizations about the practice of JLWOP in the USA is to allow more case by case discretion in the transfer to adult court. We encourage legal experts on sentencing to chime in on this issue of accountability and case by case discretionary evaluation for transfer to adult court.
Read our letter to Human Rights Watch on September 19, 2008:
Memo
To: Elizabeth Calvin, Human Rights Watch
From: The National Organization of Victims of Juvenile Lifers
Date: September 19, 2008
This memo is being sent to the mailing list of NOVJL.
We are writing on behalf of NOVJL to make a formal request. We would like a
simple yes or no answer to the following question:
Are you, Elizabeth Calvin, and Human Rights Watch as an
organization, willing to commit to the following?
That from this day forward you will keep us at NOVJL fully
informed of, in advance, and included in, and invited to, ALL legislative,
congressional, state and national, public policy discussions,
hearings, conferences, etc., that you know about that have anything to do with
the JLWOP sentence?
If the answer is yes, we will breathe a sigh of relief.
We will then be able to continue on what we had started off hoping to be -
murder victims family members who would swallow hard our pain and
traumatization, and take a rational, even cooperative, approach to public
policy discussions with you all who advocate to retroactively undo the natural
life sentences given to those who murdered our family members.
We extend this same question and invitation as well as to all advocates
and interested public officials about the JLWOP sentence nationally and in
specific states debating JLWOP.
We have only ever asked to be informed and included.
A message we thought you heard, understood, and even agreed with.
Were you not the organization who just released a report about
Victims Rights, prompted by conversations last year with some of
us, acknowledging Victims Rights (which include
notification of all matters pertaining to their cases, and the right to be
heard in their case while it is still in process) to be
Human Rights also?
We had hoped the release of this report would lead to a new era of broad
inclusion of victims in your understanding of whose rights needs to be
"watched".
If, however, the answer to our question is no, as it was apparently last week,
when you participated in hearings in the United States Congress on the JLWOP
sentence to which we were not invited, included in, or informed of, then we
are very alarmed, and may have to abandon hope for any conversation even
remotely resembling restorative justice principles.
This despite the fact that we have been talking with you in good faith for
over a year and you know well where we are and how to find us.
This despite the fact that we had called, just a few weeks ago, the staffers
for both Congressman Scott and Conyers to tell them of NOVJL's existence and
to ask to be informed of matters pertaining to HR 4300 which we just found out
about ourselves a few weeks ago, through the internet - not because any of you
all told us.
The staffers I spoke to promised to get back to us. Nothing of course came.
Except hearings last week in Congress on the topic of JLWOP.
A topic we are vitally concerned and involved in, but are apparently are not
viewed by Congress or Human RIghts Watch as being stakeholders.
Personally, the choice to exclude the victims not only does not bode well for
any real chance you who advocate to end the JLWOP sentence might have to
accomplish real public policy change.
But to make adversaries of us, instead of treating us as the stakeholders we
are in this conversation, is in our view completely immoral.
We also believe this choice of strategy to exclude victims to be
counterproductive and futile.
HR 4300 would remove federal funds to states who do not abolish JLWOP.
We saw this story - see link below - and in it we see that you knew about, and
participated, in these hearings.
We are sending similar expressions of concern and disappointment to the
Congressmen responsible for the hearings.
We will also send this to anyone we know doing state work to end JLWOP in
certain states you list in your testimony, but I must admit I do not know them
all - only how to reach the Illinois and Colorado advocates for the JLWOP
offenders. We would appreciate you helping us send this same question and
proposal to all in the nation who advocate to change the JLWOP sentence.
We wish to ask nationally all that would advocate to change the JLWOP sentence
that they promise to fully include the victims families in this public policy
discussion that you are trying to have.
We are disappointed that when Congressional hearings were planned that
nearly the first thought did not come to your mind, "I had better make sure
that the victims families are informed."
We await your yes or no answer to our question with great anticipation.
ED NOTE: Her qualified answer was essentially NO but
with a promise that we would talk more before the holidays of 2008.
Maggie Elvey,
President, NOVJL
Dora Larson,
Vice President, NOVJL
Jody Robinson,
Treasurer, NOVJL
Jennifer Bishop-Jenkins
Secretary NOVJL
The National Organization of Victims of Juvenile Lifers
ED. NOTE: This
letter below came from the group in Colorado that is trying to end the JLWOP
sentence. Initially admiring what appears to be at least positive rhetoric from
the Pendulum Foundation about the importance of victims in this discussion, we
shared this letter with juvenile advocates in Illinois who are not even "trying"
with victims. We note few other groups that advocate for the juvenile killers
have evolved so far as to even pay lip service to the "victim issue". An Open Letter from Mary Ellen Johnson of the Pendulum Foundation in Colorado: To: Staff and Members of the John Howard Association in Chicago (and other advocates for juvenile lifers in Illinois) Following the PBS Frontline documentary, WHEN KIDS GET LIFE, I have been communicating with Jennifer Bishop-Jenkins (of IllinoisVictims.org) and she told me about your efforts (to reform Juvenile Life Without Parole Sentencing) which I applaud. Jennifer has also reminded me that, as we seek changes, we must be mindful of the victims. Because The Pendulum Foundation has been dealing with trying to change CO legislation from mandatory juvenile LWOP to a lesser sentence for 5 years, I hope you don’t mind that I share some of my observations with you. We’ve learned the very hard way what does and does not work in Colorado. Not saying that that won’t work in Illinois. 1) You must sincerely work with victims. They will ALWAYS be your most powerful opposition. DAs are tough and they wield a lot of power but the emotional impact of victims’ families makes it VERY difficult for even sympathetic legislators to vote your way. We’ve found that bringing out our most egregious cases – kid serving life for a hit and run, kids getting life for killing their molesters, are excellent to frame the issue for the press and public. That will help garner you sympathetic – or at least neutral – “ink” and will start shaping public opinion away from “they’re all super predators.” However, during hearings if you bring out your strongest cases, the opposition will ALWAYS drag out the true worst of the worst. How can that be combated? We try to move beyond individual cases – it will always be tit for tat – and go to the larger issue. Should a child EVER be sentenced to LWOP? Some victims’ groups, and I think Jennifer agrees with me, don’t have a problem with changing the law “prospectively.” Opponents of retroactivity will always say they were promised that life meant life and now you’re going back and changing the deal? There are many new research studies on brain development, effects of incarceration that are useful, but this is really an emotional issue and I’m not sure our side can ever win that one. We have brought forward family members of those serving life – some who are also victims of other murders – and their stories are compelling. I’m not sure that is the best avenue to go though. In CO, we’ve decided to do the process in increments and try to lay our groundwork better. Had we taken an offer 5 years ago of 40 years retroactively, which we scoffed at, we would be much further along today. Now we can’t even get “retroactivity” written into any legislation.You are very lucky that you have victims’ groups that are willing to work with you, at least in theory. We didn’t have that here in CO. You MUST listen to them and their concerns. Restorative justice cannot just be a bone you throw to victims hoping they’ll keep quiet. You have to integrate it fully into the process. And remember, restorative justice must not have the ultimate goal of physically freeing the offender. It must be of emotionally and spiritually freeing all involved. Bottom line, restorative justice is about repairing relationships. If that is not your goal, victims’ families sense that immediately. They don’t think you’re sincere and they will blow off any half-hearted efforts. 2) Have you ever thought about doing legislation prospectively, and looking at the current laws on the books to find a way around for the current LWOPS on a case by case basis? We didn’t want to have to do that but when something isn’t getting us the results we want, we have to be more innovative.(We’re very aware that every year these now young men serve means that they are more institutionalized and less rehabilitatable.) We came up with the idea of a juvenile clemency board. The board would consist of child psychologists, experts on brain development, those who specifically deal with juveniles and the juvenile system. That further separates children from adults, helping you with your argument that juveniles ARE different. It allows the governor to make decisions on a case-by case basis, rather than wholesale, which victims will always oppose. I know what you’re saying. The governor doesn’t grant commutations or clemency. So what we are doing is presenting the governor with a pilot program that would start pushing some of these young LWOPS through the system over the course of several years. After they have successfully completed the pilot program they will be granted a commutation of sentence. We’re not saying that the governor will accept this. We are just saying it’s a compromise that we’re offering to break a years-long impasse. The idea of a juvenile clemency board had NO opposition. Don’t think the DAs wanted another bruising battle like the 2006 session when opposition brought out many victims and the testimony was extremely emotional for all involved – and so draining that everyone was looking for some sort of alternative. The pendulum IS swinging. Most people are now acknowledging “something” needs to be done. We think this is a compromise that could start moving some juveniles through the system, protect the rights of the victims, and provide political cover for the governor. You won’t get 100% of what you want. But when we looked at this realistically, we wouldn’t want all young LWOPS coming out wholesale. Some of them are too damaged. What we believe can be done is to make their lives meaningful inside. That’s another prong of the strategy.I have a lot of other thoughts but this email is getting too long. . . Bottom-line, I urge you to truly listen to and work with people like Jennifer Bishop-Jenkins and you will be waaaaaaay ahead of us here in Colorado. Best of luck to you on your very important quest, Mary Ellen Johnson, Executive Director, The Pendulum Foundation http://www.pendulumfoundation.com/RESPONSE: DEAR NOVJL -
Jennifer-
Feel free to add me to your mailing list as well as publish my letter on your
site. In the current climate of painting these offenders as "victims" of
their own crimes or the criminal justice system, I'm more than happy to do
anything I can to help illustrate the unending plight of the families of the
true victims and the cold hypocrisy of groups like the Pendulum Foundation.
The offender in my cousin's case was Trevor Jones, who is one of the inmates featured on last year's Frontline special on PBS. The unrealistically sympathetic way Trevor and his family were portrayed, as well as the shameful, twisted way my aunt was portrayed, is what inspired me to debate the Pendulum Foundation in the first place.
I came across
your website while working on a letter to the Colorado Clemency Board urging
them to keep a convicted killer behind bars instead of releasing him only 12
years into his life sentence. I won't recount the details of this particular
killing in this email but the summarized version is that a 17 year old, weeks
shy of his 18th birthday, shot and killed another 17 year old (my cousin)
while robbing him of $100. He was found guilty, and because the killing
occurred during a robbery, was sentenced to life in prison without the
possibility of parole.
The reason I am
compelled to email you is because of the letter on your site from Mary Ellen
Johnson, Executive Director of the Pendulum Foundation in Colorado. I was
shocked to read her account of their efforts and appalled to see her claim to
have sincere sympathy for victims. Mary Ellen can be very eloquent and
effective at portraying herself and her organization as mindful of the
feelings of victims' families. The ugly truth of how her organization treats
anyone who does not share their goal of "Ending life sentences for ALL
juveniles EVERYWHERE!" as stated (including emphasis and punctuation) on the
front page of their website, is much different from the picture Mary Ellen
paints in her letter. The Pendulum Foundation fueled the adversarial tone of
the proceedings in Colorado by their demonization of the victims and
portraying all who disagree with them as bloodthirsty or vengeful.
For instance, at
rallies to free Colorado JLWOP inmates attended and overseen by Mary Ellen
Johnson, Pendulum Foundation representatives have told family members of
victims that they "should be ashamed" of themselves for wanting to see their
loved ones' murderers stay behind bars as dictated by their sentences. Yet in
her letter she complains that victims' groups are not willing to work with
her. The Pendulum Foundation routinely attacks the character of the victims
in an attempt to somehow make their murder seem less egregious and deserving
of clemency. I've seen firsthand how much pain this despicable tactic of
attacking victims who are no longer alive to defend themselves just to further
their own cause brings families already devastated by tragedy. The Pendulum
Foundation has systematically and consistently belittled, insulted and
dismissed the concerns of victims' families and it is disingenuous for Mary
Ellen Johnson to represent otherwise.
Approximately a
year ago, the Pendulum Foundation had a section on their website thanking
their various 'sponsors' for all of their support. The list included Red
Robin restaurants, Rolling Stone magazine, Safeway groceries among others. As
a family member of the victim of one of the prisoners the Pendulum Foundation
is fighting so hard to free, I wrote the sponsors expressing my disappointment
in their decision to sponsor such a one-sided organization. The only
responses I received from the companies expressing surprise and stating the
the Pendulum Foundation had never asked for nor received sponsorship or
endorsement from them. The companies asked the Pendulum Foundation to stop
using their names and logos to imply sponsorship. Although their actions were
misleading and possibly even illegal, the Pendulum Foundation claimed my
opposition made me "filled with anger and hatred" and referred to my emails to
the 'sponsors' as "vengeful tactics" and an "attempt to derail" their work. I
attempted to explain my position logically and respectfully in their online
forum and the Pendulum Foundation representatives insulted me, my family and
my cousin, the victim of one of the prisoners they are working to
release. Despite the tone of their responses, I continued my attempt to engage
in respectful debate and explain my point of view that not all people who were
juveniles at the time of their crime should be released from prison. Their
final response was to delete the dialogue from their website, delete my
account and ban my computer's IP address from accessing the forum. When I
emailed Mary Ellen requesting an explanation I was told "Our forums were
designed and placed in operation for supporters of our organization in order
to promote ideas and suggestions and discussion. These forums were not set up
to attracked [sic] critical or debatable arguments from those who do not
support us. They have the option of starting their own site and forums."
Again, this is not the response of an organization committed to "sincerely
work[ing] with victims."
Finally, I urge
you to look closely at the historical and current situation in Colorado. Mary
Ellen's letter gives the impression that her organization is for prospective
changing of sentences while exercising caution regarding retroactive changes.
In actuality, the Pendulum Foundation argued strongly for retroactive
sentencing changes and only adopted their current stance after failing to make
the changes retroactive. They are using the newly created Clemency Board as a
means to circumvent that failure. By lending their efforts to supporting
clemency for these inmates, they are attempting to get them released, on a
case by case basis, after serving a relatively short sentence instead of the
imposed life sentence. Additionally, the inmates are eligible to re-apply for
clemency every 3 years so they can keep trying, with the Pendulum
Foundation's full support, until they manage to strike the right sympathetic
tone.
I realize how
difficult the subject of JLWOP is. Advocates on both sides face heavy
emotional repercussions and most are involved out of a genuine care for people
and justice. I also realize that any advocacy requires a healthy dialogue,
debate and respect for other's opinions to truly be effective. However, to
legitimize an organization like the Pendulum Foundation - which has an
unrepentant history of showing no respect for those who do not share their
views and goals - by republishing their insincere concern for victims' groups,
does both sides of the issue a great disservice and is especially insulting to
the memory of the victims they continue to demonize.
Sincerely,
B G
From the PBS Frontline episode "When Kids Get Life" website forum: From the JLWOP page at www.IllinoisVictims.org I am a victims' family member of a JLWOP triple murder case in Illinois. I welcome dialogue with all interested in the issue of JLWOP, and I understand the nature of polemics and advocacy - that being "one sided" is part of making a case and generating discussion. I do not object in and of itself to a documentary film being "one-sided", as this film clearly was. However, mis-information, shallow stereotypes, and unrepresentatively narrow cases and participants do not enhance discussion - they only further misunderstanding. If we accept the facts presented in the documentary at face value, several, though not all of the cases, seem to be cases of overly harsh sentencing or outright miscarriages of justice. I strongly urge the entirety of the Colorado Criminal Justice system to address these and any other miscarriages of justice, while working diligently to inform the victims and their families in the said cases, and to empower their voices and to provide significant support to them in whatever ways will help them to achieve the best possible outcome. But I do have serious questions and concerns about several aspects of this Frontline episode. There is only one victims' family portrayed in the documentary - they are portrayed as vengeful, harsh, unforgiving, polarizing, and completely unsympathetic. They are never shown as crying, only the offenders and their families are shown as having any feelings. The victims' family member, a mother of a murdered son, is shown as being sarcastic at times, even laughing. It was a most negatively biased portrayal and we offer our strongest objections to the filmmaker, and to PBS for this aspect of the film. One story implicitly denounces Restorative Justice principles, without ever naming them, by labeling the expressions of remorse from an accused offender that were offered to the victims' family, who then shared it with the Prosecution in the case, as the worst legal development that could ever happen to an offender. Restorative Justice principles remain our best hope as a society for any kind of comprehensive refrom of our criminal justice system. There are painstaking descriptions of the "horrors" of the prison life for the offenders, but there are no descriptions of the suffering of victims in the documentary. Not a single one. Victims family members are portrayed as being politically powerful only for the purpose of harshness and vengefulness against the offenders. There are no even slight references to victims who work in Restorative Justice, victim offender mediation, prison reform and human rights advocacy, as I do. They are painted with one brush - one of an obstructionist, angry, and unsympathetic group that always wants the worst punishment possible for the offenders. This stereotype of victims' family members is not even close to being accurate. Victims, like all other groups, are not monolithic. And victims are, remember, innocent by definition and the first and worst recipients of wrongdoing and criminal behavior. Offenders are consistently referred to as kids and children instead of teenagers, youths, juveniles, or adolescents. I believe this is a manipulative and inaccurate propaganda term. While I accept the fact that they are not fully adults, (we all know many adults who are not "fully adult" as well) to call a 17 year old a child, as opposed to those more accurate term, does the discussion a real injustice. Most of the stories portrayed in the film persuasively make the case that unduly harsh sentencing was likely handed down for those offenders. But the selection of cases was obviously made for those most designed to communicate the message of the filmmakers. We have questions about the forty other JLWOP cases in the state that were not selected for this film. Could the filmmaker have chosen even one example of an offender who remains so dangerous that the general public would easily agree that a life behind bars is the proper disposition for that offender? We suspect that they could have, but clearly did not. Adolescent brain development is briefly referred to as if it were an indisputable mitigating factor. But there is no treatment of the broadly complex national discussion on the comprehensive psychological and developmental picture with regards to the issue of culpability. It was treated as fact rather than the inexact science and highly individualized manifestation that it is. There was no reference to the fact that of the over 2000 cases of JLWOP in the nation, while there are clear miscarriages of justice in this and many other sentences across our national criminal justice system, significant numbers of criminal cases are clear and absolutely unmitigated wrong-doing on the part of the offender. The documentary did not make the slightest reference to the fact that there was even the possibility that one of these sentences were "just" or appropriate, or that there are incarcerated offenders who are completely and defiantly irredeemable, such as chronic sociopaths and predatory mentalities. That these offenders were caught early in their criminal careers is laudable. They are off the streets and cannot hurt other innocent people as they would be sure to do. It is wrong to lump these inmates in with others who we agree are more hopeful cases. And, it is not logical to use a small sample of cases to generalize about the entire sentence of life without parole. This is logically and statistically moving in the wrong direction. To prove that LWOP were an unjust sentence as a whole, the widest possible range of sentences would need to be covered, and all situations would need to be examined, whether they fit the filmmakers' thesis, or not. The filmmaker has not demonstrated a fundamental flaw in the sentence itself, only in the individual sentences in these rather limited cases. As a viewer, I did not at all see or understand the leap that the film took from the specific to the general. And I object to the sweeping language used especially early in the film that most juvenile murderers are somehow understandably lashing out to brutal oppression in their young lives and that this is typical for these cases. So I invite PBS, Frontline, the Pendulum Foundation, and the filmmaker to enter into a more balanced dialogue, and one that treats victims with all the depth and sympathy and complexity that they so richly deserve. The presentation of victims and offenders in this program was so biased and hurtful to people already hurting deeply, that I am considering asking equal time of PBS, a station whose programming we usually find to be above reproach.
Northfield, Illinois Those who have been following the saga of the issues raised
when PBS aired "When Kids Get Life" will be interested to know
of a perhaps unintended consequence: that as a result of discussions
begun after the publishing of national and state reports in sympathy with
juvenile aged killers, and the airing of this episode which many experienced to
be incredibly biased against the innocent victims of these horrific murders, a
new national organization has been formed: The National Organization of Victims
of Juvenile Lifers.
Good Morning, Sarah - thank you so much for taking time to share your
concerns with us. A few questions -
A LETTER TO DR ROBERT JOHNSON OF AMERICAN UNIVERSITY IN RESPONSE TO AN INSULTING AND INSENSITIVE ARTICLE HE WROTE
Dr. Johnson -
I have read about your work online and you seem like a decent and very
respectable fellow. So I am at a loss to understand how this article I
received today could have been published by someone with your credentials?!
I would ask that you be willing to receive a phone call from me, because I
so abhore the inhumanity of trying to have a conversation about material
this sensitive and this important via email.
Will you talk with me on the phone?
I have worked very hard to caution all of my fellow advocates seeking
meaningful prison reform against this new "fad talking point" about life
sentences as the "other death penalty"- for a few reasons:
1. Most lifers have killed someone, or several someones. They gave their victims the only real "death sentence" in this conversation.
2. Those that obscure the clear difference between a person who is alive
and a person who is dead not only negates the life being lived by the
person living it, even if behind bars, and actually enters us into the
brave new world of Orwell's 1984 where alive means dead, peace means
war, and lies mean truth.
3. Reasonable allies that prison reform advocates need to accomplish their goals will be put off by this transparent and ridiculous assertion that life sentences are comparable to execution, especially when the offenders did much worse to their victims. This talking point not only loses needed allies in the public but... 4. It causes difficulty for the very dedicated advocates who are working their tails off to abolish the death penalty and to the inmates awaiting very real pending execution. Politically it is a deal breaker and positioning wise it is riding on coattails that you did not earn. Those who genuinely seek abolition must be clear about the differences between execution and life sentences. Lawmakers will. The public will and does. I won't even go into the insulting list of things that differentiate the offender who still has a life behind bars from their deceased victims...things that include in many states marriage and parenting, family visits, college educations, publishing, writing creating, loving, laughing...etc etc. We are all living our lives under the metaphorical sentence of death. What brings meaning to all of our lives is what we choose to do with each of those days we are given. What inspires me are the inmates who have chosen to make a real difference for good with their circumstances. I am sure some of those inspirational prisoners would be as offended as I am and as other victims are by this ridiculous comparison between their dead innocent victims whose lives were ripped away from them and having to live a confined life as a result of that action. Those who are lazily borrowing of abolition language for work against LWOP are overreaching to make a case that obviously can't survive on its own merits, and actually demonstrating painful insensitivity to victims. Please, let's work to bring real sensitivity to murder victims family members and death row families while working for the prison reform we seek.
Dr. Johnson, I will judge after our phone call what further action might
be required to give appropriate redress to this offensive argument you
have made in a pseudo-scholarly paper.
Jennifer Bishop Jenkins Sister of a murder victim killed by a JLWOP offender
OF THE 2.3 million people incarcerated in prisons and jails in the United
States, roughly 140,000, or 6 percent, are serving life sentences. Of that
number, about 41,000 -- i.e., 29 percent of the lifers, or 1.8 percent of
all inmates -- were sentenced to life without parole. Both numbers are at an
all-time high.
Should Americans be troubled by this? The Sentencing Project thinks so. In a new report, the liberal advocacy group -- which describes itself as a promoter of "alternatives to incarceration" -- complains that the growth in life sentences has been costly and unjust. It "challenges the supposition that all life sentences are necessary to keep the public safe." It particularly disapproves of life-without-parole sentences, which, it claims "often represent a misuse of limited correctional resources and discount the capacity for personal growth and rehabilitation that comes with the passage of time." As a matter of policy, the Sentencing Project supports abolition of both the death penalty and life without parole. In its view, even a vicious mass murderer deserves a chance at parole. That is an eccentric position that most Americans clearly don't share. Nevertheless, the group's new report -- "No Exit: The Expanding Use of Life Sentences in America" -- has drawn media attention; stories have appeared in The New York Times, The Washington Post, USA Today, and Agence France-Presse, among other outlets. But good PR is not a substitute for sound analysis. The problems with "No Exit" begin with the first paragraph, which asserts that the high incarceration rate in the United States is the result of "three decades of 'tough on crime' policies that have made little impact on crime." America's prison population has indisputably grown in recent years, as prison sentences have lengthened and more criminals have been locked up. But far from negligible, the "impact on crime" has been dramatic. According to the Bureau of Justice Statistics, Americans experienced 44 million crimes in 1973. By 2007, the number of criminal victimizations had dropped to 23 million. During those "three decades of 'tough on crime' policies," in other words, crime in America was nearly halved -- and this even as the population grew by more than 75 million. Since the mid-1990s, the plunge in violent crime has been especially steep: from more than 51 crimes of violence per 1,000 US residents in 1994 to 21 in 2005 -- a 59 percent reduction. Research analyst Ashley Nellis, lead author of the Sentencing Project's new report, concedes that it is "intuitive" to attribute the striking reduction in crime to the fact that many more criminals are behind bars. But some researchers, she told me yesterday, have determined that incarceration rates account for no more than one-fourth of the drop in crime. Among those she mentioned was economist Steven Levitt, who is known for his controversial Freakonomics argument that the legalizing of abortion in the 1970s helps explain the crime reduction of the 1990s. Yet even Levitt has estimated that for each additional criminal locked up, there is "a reduction of between five and six reported crimes." In a 2004 paper, he identified "increases in the prison population" as more significant than any other factor in explaining the drop in homicide and other violent crimes. The Sentencing Project may insist that incapacitating criminals through more and longer prison sentences has "made little impact on crime," but those prison sentences have spared countless Americans from being assaulted, robbed, raped, and murdered. Nowhere in "No Exit" is there any breakdown of the crimes that led to the 140,000 life sentences now being served. Yet the report devotes almost obsessive attention -- including five statistical tables -- to the alleged racial disparity those sentences reflect. About 48 percent of lifers are black, 33 percent are white, and 14 percent are Hispanic. "These figures are consistent with a larger pattern in the criminal justice system," the report notes, "in which African Americans are represented at an increasingly disproportionate rate across the continuum from arrest through incarceration." Yet the report mentions only in passing another striking disparity: Nearly 97 percent of inmates serving life terms are men. If it is noteworthy that blacks, who account for 12 percent of the general population, make up 48 percent of lifers, shouldn't it be even more significant that men, who comprise less than half the population at large, represent nearly all those sentenced to life? The explanation, of course, is that men commit the vast majority of serious crime; that hard fact, not sexism, explains the disproportionate male incarceration rate. Likewise the racial disparity: Though blacks account for just one-eighth of the US population, they are six times more likely than whites to be murdered, and seven times more likely to commit murder. That hard fact, not racism, explains the high proportion of lifers who are black. But such inconvenient facts appear nowhere in the Sentencing Project's report. "No Exit" brims over with information and statistics -- but only the ones that reinforce its sponsor's preconceived views. (Jeff Jacoby is a columnist for The Boston Globe.)
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