Life in prison for Juveniles?

[ESF]

Sept 17, 2012 11:35:39 GMT -5 ttt said:

ESF, along those lines, in this case the child and the parent were charged with essentially the same crime - the murder of the 2 year old brother. How does it work in situations like that?

I have no idea. My knowledge of criminal law and procedure comes almost entirely from television.

I'm hoping starlily weighs in.

[ttt]

Ha OK then

Really, though, I want to get back to the question of, practically speaking, what should this judge do? As much as maybe we *should* have these programs to rehabilitate seriously damaged children like this, we don't right now. So if you're the judge, what do you do? Do you sentence him to life in prison without parole even though it's unfair to the child who never really had a chance since the day he was born? Or do you make it possible for him to be released and put other people in danger, knowing that he has a high likelihood of committing violent crime, even murder, again?

[megalicious]

Sept 17, 2012 11:45:30 GMT -5 ttt said:

Ha OK then

Really, though, I want to get back to the question of, practically speaking, what should this judge do? As much as maybe we *should* have these programs to rehabilitate seriously damaged children like this, we don't right now. So if you're the judge, what do you do? Do you sentence him to life in prison without parole even though it's unfair to the child who never really had a chance since the day he was born? Or do you make it possible for him to be released and put other people in danger, knowing that he has a high likelihood of committing violent crime, even murder, again?

Most of my legal expertise comes from watching Law & Order, but isn't up to the DA, not the Judge whether the case is tried in Juvie vs Adult court? S/He is in a terrible position, because the type of rehab this kid needs isn't available through the DOC.
Plus, once he's out he has absolutely zero support system--no family, no friends, no work experience, maybe a GED at best. In a correctional facility, all he knows and will know is violence.

[basilosaurus]

I was just reading a story the other day about our juvie facility. It's apparently a really good place to learn how to be more criminal. And when you're out, you have friends all over the island to hide out with when necessary, and connections to score more drugs. Good job, Hawaii!

I'm definitely torn. If we fail at rehab, then what choice do we have but to lock up a killer? But, then again, it's unconscionable to lock up a kid for the rest of his life.

[msmerymac]

Sept 17, 2012 9:36:28 GMT -5 ttt said:

Sept 17, 2012 9:33:42 GMT -5 @mx said:

If child soldiers who fight in unspeakably violent conditions can be rehabilitated (and they are, without anywhere near the level of resources this country could offer) I don't see why most juvenile offenders can't be, assuming a sufficient investment is made.

As I said before, I don't know enough about child psychology to have an intelligent opinion on this, but my concern would be the fact that he suffered serious abuse and neglect during infancy and early childhood, which I do know can permanently damage the brain. I don't know if this is something that child soldiers face.

I agree with this. This boy's mother was 12, his grandmother was an addict (and I'd be shocked if she herself was over the age of 30 when he was born). He was sexually abused as a child and lashed out at others in the same way. There are many, many children in foster care who suffer from severe emotional trauma because of similar circumstances. Children it is very hard to place with families, and that's considering that these children, suffering from RAD and the like, have not killed another human being.

I am very pro-rehabilitation. I'm just at a loss about what to do with this boy, how to place him, how to "fix" him... and that's not even addressing the issues of the time, money and commitment I doubt are present in any government program to take on this sort of task. So people fall through the cracks. LIFE did this child a complete disservice, as well as his mother, his grandmother, his stepfather (let's just say all the adults in his life), and apparently social services (why is he still living with his mother after, under her care, he was sexually abused AND broke his younger brother's leg?).

[Deleted]

I guess I don't understand why we haven't come up with a way to "graduate" juveniles as it were to the adult system if necessary.

It seems to me the issue is this either or business of letting him out at 21 or trying him as an adult. I can't figure out where there is no option to monitor his progress and then if there is a reason to do so, put him in the adult system and continue monitoring to see if he could be let out later.