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We are a national organization made up of the victims' families of those killings who work to protect our voices in the national public policy discussion about the (appropriately) rare sentencing of extremely violent juveniles to long term sentences in criminal (adult) courts. Anyone who has had a loved one victimized by an offender sentenced life, or an effective life sentence, or who is supportive of victims of this type is invited to join us. We welcome also any victim family of a non-murder case teen sentenced to life, or the victims families of any killer under the age of 18, no matter the sentence or status of the offender, as well as the many who support us in the larger issue of victims rights when violent offenders are juveniles. We support a robust national dialogue on this issue, but insist that the victims families are key stakeholders in that discussion, and must be found, notified, and invited to participate in that debate. Our LOGO: The Prison Bars are not to celebrate the incarceration of those who murdered our loved ones. They are to observe the life sentences that WE are serving. Our logo is designed to evoke a clear picture of the tragedies that are real in all these cases. It is a call to all those who care about this issue from whatever perspective to care about the victims of these crimes first. Some of our founding principles: 1. We recognize that throughout the criminal justice system there are those that are unjustly and inappropriately sentenced. Some juveniles are unfairly imprisoned for life and we should provide some means to ensure this does not happen. 2. However, to release hardened criminals who are certain to kill, rape, harm again is not necessary in order to help those unfairly imprisoned. Most of these offenders committed truly indescribably awful crimes, ending the lives of wonderful and innocent people, devastating their families and friends. Most of them demonstrated a high degree of culpability, enough to earn them a life sentence as an adult. The facts of these cases must not be forgotten and should primary in any public policy discussion about this issue. Advocates for the offenders must stop acting as is if there were no crime except the incarceration of a younger offender. Advocates for the offenders must embrace with sensitivity and respect ALL the victims of these crimes. 3. The prison system does not work to rehabilitate as it should, so it is very difficult to see most people getting less violent over time. We see this all the time as paroled violent offenders kill again. So many innocent lives have been lost. 4. While no one wants to give up on a young person, it is indisputably true that a certain number of people are "bad seeds" and different from the misguided youth that many envision when JLWOP reformers seek to open the floodgates and offer parole to every one of these cases. There is no "cure" for being a sociopath. 5. Parole boards are notoriously ineffective in segregating out those who are sociopathic but SMART and clever. They are good at keeping locked up the stupid and overtly violent, not the sociopaths. 6. It is a fact that parole supervision is woefully underfunded and therefore we cannot expect any meaningful supervision. 7. Some convicted at a young age are in the wrong place at the wrong time. But on the flip side, some who kill at such a young age are evidencing the fact that they are genetically and then by upbringing predisposed to violence. Some children are genetically predisposed to great intellect, some to great athleticism a very small but deadly portion are predisposed to an inability to feel for others and a propensity for massive violence. 8. No bill to date has separated the wrongfully sentenced to those who need to be locked up for all of our safety and for their own sake so they don't kill again. 9. Funding youth programs, ensuring enough money for good representation at the trial level is more effective in helping troubled youth than these feel good, do bad bills. 10. Parole hearings regularly throughout a long prison sentence of a truly horrific murder case constantly re-traumatize the close family and friends of the victim. To deprive a family of legal finality in some cases in tantamount to torture. Public Safety and Victims Rights to not be tortured continuously must outweigh a sociopath's desire to gain freedom. 11. Retroactive proposals for reform must not violate victims rights to full participation in advance of any decision to change the sentence, as is required in Constitution and Law in all 50 states and the Federal Government. Board of Directors President,
Daniel Horowitz, a California Attorney whose wife was
murdered by a juvenile sentenced to life. Our members include dozens of family members in a dozen states that we have found through our own efforts, with no help or support, despite the millions being spent by foundations and offender advocacy groups to find, support and advocate for their killers. We are also grateful for the support among our members of the many in prosecution, law enforcement, and victims rights who have been our vital allies in recent years. Over a thousand juvenile murderers and violent teens in the USA (higher numbers supplied by offender advocates have been disputed) have been sentenced to Life Without the Possibility of Parole for crimes committed before they turned 18. The acronym often used for that sentence is JLWOP - Juvenile Life Without Parole. Most have been incarcerated for committing unimaginably horrific and aggravated murders or multiple murders. Most of them are the actual killers, and very few of them are the accomplices convicted of "felony murder". A very small number of JLWOP cases are non-murder such as rape and torture, and violent attempted murders, which the Supreme Court is set to rule on in the 2009-2010 term. These cases are not typical and are only a handful of cases from a small number of states. It is important to state the obvious: the U.S. Constitution has created a system wherein it is the rights of states to make law about crimes and punishment. Crime Victims in all 50 states in our nation have a legal and/or constitutional right to be informed of and heard in all procedural matters pertaining to their cases. Our rights are generally, with notable exceptions, recognized and enforced in two of the three branches of government: Judicial (trials, hearings, sentencing, appeals) and the Executive Branch (incarceration, clemency, parole) but not in the Legislative Branch (bills proposed that would retroactively reduce sentences). Advocates who claim to support the human rights of the guilty offenders and who wish to change the JLWOP sentences in place should also recognize and support these innocent and brutally traumatized victims rights as well - and not just in court but in any matter of government pertaining to our cases. We call on all advocates who wish to reform the JLWOP sentence to first devote the resources to build bridges of understanding to the victims of these crimes; to find, notify, support and empower the victims families in this process. They have expended years of resources and energy and millions of dollars nationally on the offenders. Nothing for the victims. The advocates for the young offenders have formed a privately funded national organization that will have a full time staff person to coordinate all the national efforts to end the JLWOP sentence. It is our estimate that already a million or more dollars have been spent to advocate that these offenders receive opportunities for early release from their life sentences. But not once have they spent a dime on victim notification or outreach, and not so much as even asked for a meeting with any victims families. It is time they re-evaluated their strategy and started behaving in a manner consistent with Restorative Justice principles: an approach that bring all the stakeholders to the table. If the victims family
members of these
crimes are not key stakeholders in this discussion, then who else would be? There is a a national discussion among some criminal justice, human rights, and offender advocates about the appropriateness of the Life Without Parole sentence for any offender, and there should be - it is an extremely serious punishment. We know this is a very difficult question. We know it better than most people do, actually. We know that this public policy debate will likely be as complicated as the crimes, criminals, and victims that gave rise to the discussion. We are certainly prepared for a public policy debate based on the FACTS of the crimes, the offenders, the victims, the economic issues, public safety and public will. Thus far, offender advocates have had "issues" with the facts, and have been unwilling to devote a single dime of their millions of dollars spent on the offenders to date in order to also include the victims families of these crimes in their efforts. There is one thing we are very sure of -- victims have an absolute right to be at the table in any discussion about the sentence of the offenders in their cases. And yet everywhere we have turned we see advocates investing significant resources into reporting the injustice of the sentence without any serious attempt to empower the voices of the victims of these crimes. See who some of these advocates are. To be concerned for the offenders without first addressing the needs of the victims themselves is to not come close to understanding the problem. In the national debate generated by advocates for these younger killers, we are here primarily for one reason only - to assert our right to be included in the discussion - something, surprisingly, that generally is not happening. In the several states where there are proposals to abolish JLWOP, victims families of those crimes have not been found and informed and supported to be part of the discussions. In fact, they have often been even deliberately ignored, excluded, or in some cases outright demonized. In any such significant public policy discussions no key stakeholders should be kept away from the table. The Victims of these crimes are without a doubt key stakeholders. We were made as such through no choice or fault of our own by the very offenders that the advocates to end JLWOP are now working so hard to defend. MYTHS ABOUT THE "JUVENILE LIFE" SENTENCE UPDATE: August 2010 - Calling on offender advocates to STOP THE LIES NOVJL has been upset about the misinformation campaign -- well, let's call this what it is: LIES --being told by Senator Leland Yee and Human Rights Watch in California as they pushed for his bill SB 399 to end life sentences for some very dangerous convicted murderers. He has been repeating over and over, and the media repeats it too, that the USA is the only nation in the world with life sentences for teens. THIS IS NOT TRUE. There are at least 13 that we have documented - including Australia, Israel, and the United Arab Emirates. And while such comparisons are actually a bit silly given the entirely different legal systems functioning all over the world, many nations give the equivalent of Life Without Parole LWOP because they give very long terms of years - hundreds of years - so a virtual life sentence with no parole. And given that there are several nations in Amnesty International's reports denouncing nations that execute juveniles, we know that many nations do much worse. Some execute teen offenders if the crime is serious enough. Others sell youth into slavery, sexual or otherwise, and others commit them to hard labor, torture or worse. Europe's average sentences for all juvenile offenders, not just the seriously violent, are overall longer than those in the United States overall. Nations who execute teens include Iran, Saudi Arabia, Pakistan, Sudan, and Yemen. Also, according to Human Rights' Watch's own website, in 2008 a group of Latin American and Caribbean nationals rejected a proposal from the European Union to ban juvenile executions. If the advocates against JLWOP want to have a public policy
discussion about how extremely violent teens should be sentenced, fine, lets
have one. And with all the stakeholders at the table - which means including the
victims, which they are not now doing. But at least do not LIE about the facts
to persuade legislators to vote your way. If you can't win this public policy
debate on its merits, you need to get out of the game. 1. MYTH: That the real "problem" with the whole JLWOP situation is the age of the offender. FACT: The real problem
is that someone, or several someones are dead - murdered - or horrifically
injured, and that an offender
or offenders chose to commit acts of unspeakable evil against other innocent
living human beings. And there is nothing but
devastation in the wake of a murder. 2. MYTH: We solve this "problem" with a discussion focused on the offenders in prison. FACT: We address this "problem" that cannot be "solved" by focusing on the crimes, prevention and the causes, public safety, offender accoutability, and the staggering and life-changing harms done (to victims) in these tragic situations. The advocates' focus has been, up to this point, almost entirely offender-centered and their messaging has been too much about "the poor kids in prison". This will not help them build the broad public support. They need to change their approach to one built on inclusive restorative justice principles where addressing the harms caused the victims is the focus, and where victims, the key stakeholders, are completely at the table in any public policy discussions about the sentence. 3. MYTH: The offenders in these cases are CHILDREN. FACT: 53% of all the offenders serving what these offenders called "juvenile life without parole" were 17 at the time of their offenses - hardly "children". The vast majority of the remaining (about 35%) were 16. Only the smallest numbers of cases - and the ones they of course love to publicize the most - were younger at the time of their offenses - single digit numbers. Legally every one of these offenders was found in a court or by state law to be legally an adult. Many states define adulthood at 17 or even 16. States vary on ages assigned for adult criminal culpability. And while the system can and does make errors, and needs reform in many areas, the debate about their being "children" or not is not one in American Law - it is in international human rights standards versus the experiences of those who actually participated in the crimes themselves. Neither "side" is wrong but they both come from a very different perspective and valid perspective on what is factually so. Many of us judge "children" versus adult in the context of their own individual abilities, maturity, choices, and behavior. Most of the JLWOP cases are
from the 1990's and are gang members, most with previous records of
violence, often having been previously imprisoned as juveniles for violent
crimes, even murder. In several states 17 year olds are legally adults.
States define adulthood by age differently - for many states it is, indeed, 18.
But for other states it is 19, 17 and even 16. JLWOP conviction have dropped
dramatically in the last decade now that much of the gang leadership
infrastructure has been locked up, and much better prevention mechanisms have
been put in place. 4. MYTH: The ages of the offenders is not considered in their legal process. FACT: In most states there are layers of review afforded these offenders that are extra and aimed to look at the factors associated with their ages. Also, there are often extra avenues of appeals open in their cases. Many teens who are guilty of murder do not end up in the adult system in the United States. There are also processes in place in courts and in prosecutors' offices that review and evaluate appropriate charges and avenues of prosecution to the individual situation and often there is some discretion afforded prosecutors and judges in these cases. However, we do agree that one possible area of examination for reform might be in the areas of the law where mandatory transfers to adult court are less flexible. 5. MYTH: Many of the JLWOP cases are innocent of their crimes. FACT: Most of the offenders serving JLWOP sentences are guilty of their crimes, and were the actual "trigger men", though some are convicted as direct accomplices with equal legal responsibility. And there are actually some cases where accomplices could be seen as even more culpable than the "trigger men" if they directed or ordered the shooting, as is often the case in some gang killings. 6. MYTH: One of the favorite arguments of those who want to abolish JLWOP is that the brains of these offenders are not fully developed, and therefore they are not fully culpable. FACT: The argument of
frontal lobe development (see our LINKS page) is
generally not applicable in these matters and is being misapplied by offender
advocates. Yes, recent studies show the frontal
lobe of the brain continues to develop into the 20s. But if this argument were
relevant no one should be allowed to do anything - drink, fight, drive, marry,
sign contracts, vote, until they were close to 30. And legal culpability for
all crimes as adults should have to be raised to 25 at least.
In fact, people learn right from wrong at a very young age and have the ability,
generally, at a very young age to conform their behavior to what they know is
right and wrong. Moral and emotional and cognitive development is by far
advanced enough in early adolescence, if not before, to adequately keep anyone
from killing another human being. Fully aware CHOICE to kill is often completely
demonstrable in many of these cases. 7. MYTH: Victims families will oppose any and all reforms and therefore should not be consulted in this discussion, because they are too "emotional" and too adversarial, and unreasonably so. FACT: Many of us who are victims strongly support some real reforms to the criminal justice system. And NOVJL does not oppose, for example, the recent decision by the US Supreme Court to decide the JLWOP issue for non-murder cases. The principle of case by case decision-making about which offenders should be held to which level of accountability, depending on the facts of the case, is one we generally support. We invite a national discussion about mandatory transfer of juvenile offenders to adult courts. We believe in extra layers of legal protection being afforded younger offenders, and encourage extra layers of review. And even if we do not support abolishing JLWOP altogether, and know it to be sadly necessary in some cases, we have experience and evidence that has to be examined in the process nonetheless. We have actually found ourselves in recent hearings in several states that they emotion, hostility, and "unreasonableness" is all coming from the offender advocacy side, sadly enough. Contact us if you want specific and several examples, but we have yet to see a hearing on bills in state legislatures where the few victims "lucky enough" to know about the hearings and be able to attend, were anything other than honest in telling the facts of their cases, respectful of all present, and we have stunning and several examples of out and out hatefulness and rudeness openly leveled at victims families by advocates for the offenders -- including some legislators. 8. MYTH: That everyone convicted of murder deserves the sentence they get (this supports definitely the need for some reforms, and throughout the criminal justice system, not just for "juvenile lifers"). FACT: We know, and often victims know this better than anyone, that the criminal justice system is not perfect. Many people in prison are fully innocent. Many are over-sentenced or less guilty than what their sentence describes. Many guilty people go free, or are not sentenced as they should be. The "system" is far from perfect and needs reform. And so while we all talk together as a society about what reforms we genuinely need to make, we must bring all stakeholders to the table - and victims are key to that discussion. Offender advocates and family members cannot make the case for reform on their own. Everyone involved can bring much that will enlighten and inform to the discussion. But the way to RIGHT these WRONGS is NOT by balancing the repairs on the backs primarily of the victims' families and make across the board changes in how often they have to go back - over and over - to hearings on the sentence of the offenders in their cases. Victims deserve as much legal finality in their cases as they can possibly have. The way to right the wrongs in ALL cases of error and injustice in the criminal justice system is to address each case, protect avenues of appeal, raise the standards for rules of evidence and review prior to going to trial, maximize quality defense resources, make sure penalties are appropriate to the crimes and situations, and make strong systemic reforms in all aspects of the criminal justice system, not just for this one group of offenders. There are innocent and over-sentenced men and women serving in America's prisons of every age. That there is such massive attention being paid to these relatively very few cases of mostly guilty murderers, mostly 17 years old, because of their "youth" is a serious injustice for the entire vital movement for criminal justice reform in the United States. It raises questions about whether or not the younger killers cases are being exploited for mainly PR purposes, or because this cause is particularly capable of increasing the funding for organizations who champion it.. 9. MYTH: The USA compares much worse with other nations in their treatment of juvenile offenders. FACT: Offender advocates are not telling the truth when they say other nations do not have teens serving life sentences for horrific crimes. 11 nations at least have the sentence, including Australia. And while many nations do not have JLWOP specifically, many nations do much worse by their younger people. Many nations have unbridled child abuse in the form of female genital mutilation, forced child marriage and rape, sex slavery, no education, horrific child labor, and many other forms of abuse. And other nations do not have the easy access to guns that we have in the USA, something largely responsible for a high number of the JLWOP cases in the first place. And for example, Europe's average sentence for a violent teen is longer than that of violent teens in the USA overall. Our nation has a large population - third largest in the world after China and India that treat children horribly. We have tremendous programs and protections for our youth. The juvenile life sentence is appropriately very rare. Most states have significant legal protections for any juvenile offender facing JLWOP and usually their case has to rise to tremendous heights of accountability to receive JLWOP. We urge the offender advocates to stop trying to make their case about the need to reform JLWOP by making irrelevant comparisons to other nations. And while we support international human rights standards, and those do require a different treatment of offenders under age 18 - a point which we ALL agree to - that can be accomplished by a more protected legal process, which is often in place in the USA, but may need improvement in some ways. The fact is that some offenders in America commit crimes so awful, and with so much personal and repeated culpability on their parts, that natural life is called for, for public safety, and is what their victims families deserve - legal finality. 10. MYTH: The publications and statistics put out by offender advocates are reliable fact. FACT: Many published claims from offender advocates, oft repeated in the media, have now been discredited. (See independent research at www.Heritage.org). From this moment on we are going to be clear with the offender advocates. Produce your names. Produce your case numbers. Produce the source of your numbers. Produce the records of the cases. Because they have been publishing estimates as their number source, and others believe them and repeat them. They hire child actors that are under 10 years old sometimes and publish their pictures on their reports implying that these are the offenders they are talking about. They interview offenders, who not surprisingly lie about the facts of their cases, and they publish these versions without interviewing other key experts in the facts of the cases such as the court record, the forensic evidence, the findings of the judges and juries, the victims, and the eye witnesses. And these false and misleading aspects of their campaign have not only been hurtful to victims, and to our nation's ability to have a legitimate discussion about the issue, but have also been repeated without question by the national news media that often does not have time or resources to dig deeper. Those who would advocate reform for the JLWOP sentence can be clear about one thing - Murder victims families of the younger killers in the United States, confident that "Life Without Parole" as a sentence meant they could walk away and, as best they could, "move on" in their lives, would want to be told of proposed retroactive changes to this sentence for the person responsible for killing their loved ones. It is the victims families right to choose to be present in the debate over the JLWOP sentence, NOT the advocates for the prisoners' decision to leave them out of the discussion. Those whose focus in the young offenders, who might perhaps often be afraid of the "opposition" that victims might represent, have been deciding not to include them in the discussion they want governments to have about the JLWOP laws. Victims' rights, which are also fundamental Human Rights, to be informed about matters pertaining to their case are indisputable and established in law and constitution in all 50 states, the Federal Government, US Territories, and Tribal and Military jurisdictions. Victims Rights have been recognized and enforced in the Judicial Branch of government in their right to be heard before sentencing and to be present at every step of the legal proceedings in their cases. They have long been recognized and enforced in all proceedings in the Executive Branch of Government, clemency and parole, in the notification and inclusion of their input. To assert that the entire third branch of Government - the Legislative Branch - that can also affect the offenders sentencing by passing legislation that retroactively would reduce that sentence - is also clearly a right of victims to be notified of in advance and heard in because it can have the same net effect - it can change the sentence duly given in their case. We have begun to work diligently at the national level to bring recognition of the need to improve the care for victims rights in all relevant legislative matters affecting their cases as well. In any state where a proposal is to be "retroactive", victims have a constitutional right to be notified of, and participate in, if they wish, these discussions. Victims rights amendments exist in all 50 states' Constitutions and the right to notification with regards to matters of their cases is usually the first and most important of those rights. There is no doubt that right now that with all the massive resources being devoted nationally to helping these young offenders, the advocates who wish to change this sentence are NOT doing right by the victims of these crimes. They have made a major and fundamental error in their early strategy. Their whole message is all about "the poor kids in prison." And while we know that living people behind bars evoke more of an urgent feeling of sympathy because they are THERE in front of them, and we know that it is much harder to try to see the innocent victims of these murders that are NOT THERE, the advocates for juvenile lifers need to stop talking about "the poor children" if they really want to bring our nation to a place of actual change on this issue. First of all, they were not children - they were teenagers, adolescents, juveniles, and mostly young adults of 17. And the public is too smart to ignore the absolutely horrific crimes that put these young killers in prison in the first place. Advocates for the offenders should not do it either. They need to change their message and their strategy and start with a focus on the crimes and the staggering consequences for the victims families. Only then can a real dialogue proceed. It is important to remember in these
discussions that, for the most part, these killers sentenced to JLWOP are not
just for "routine" killings - all of these cases had extremely serious degrees
of what the law calls "aggravation" in order to achieve a sentence that serious,
and in order to be legally tried as adults. Only when the offender advocates start to publicly acknowledge the massive damage left behind by these crimes will we begin to have opportunities for restorative justice, where all stakeholders are at the table, recognizing the realities that brought us here, supporting each other in trying to heal what can be healed, transform that which is permanently and irreplaceably destroyed, and coming together about what we all do in the wake of these unmitigated tragedies. Continued on the page about our ideas for first steps towards solutions in this JLWOP debate. Please join in.
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