Pa. leads nation in juvenile lifers

The arrest of an 11-year-old Lawrence County boy for allegedly killing his father’s girlfriend, and her unborn child, has raised a host of questions regarding the prosecution and punishment of youthful offenders.

In Pennsylvania, when a juvenile is accused of first-degree murder there are two options, proceed in adult court or have the case decertified to juvenile court. An adult conviction means life in prison without the possibility of parole (LWOP). An adjudication of delinquency in juvenile court means the juvenile must be released at age 21. Neither option is entirely appealing.

Prior to 1980, juveniles sentenced to LWOP were extremely rare. As violent crime rates soared in the 1980s the rallying cry in state legislatures across the country was “adult crime, adult time.” Criminologists warned of the “superpredators;” those uber-violent juveniles without remorse who kill at will.

Forty-two states authorize sentencing juveniles to LWOP. Fourteen states allow a minor to be tried as an adult at any age. Pennsylvania is one of those states and also leads the nation in juveniles serving LWOP. Pennsylvania has as many as 400 offenders who were sentenced to LWOP as juveniles. Across the country more than 2,250 offenders are serving life sentences in adult prison for crimes committed as minors.

How did Pennsylvania become the nationwide leader in locking away juveniles for life? Following former Gov. Tom Ridge’s special legislative session on crime in 1995, juvenile law changed dramatically. Most significant was the change in charging juveniles as adults. Prior to 1995, district attorneys had to request “certification” from the court to charge a juvenile as an adult. Today, district attorneys must charge a juvenile as an adult for specific offenses and the juvenile can request “decertification” to juvenile court.

According to the Pittsburgh Post-Gazette, the number of juveniles committing murder nationwide dropped by nearly 55 percent between 1990 and 2000, yet the percentage of juveniles receiving LWOP increased by 216-percent. Fifty-nine percent of juveniles serving life had no previous criminal record and one in four were convicted of felony murder. The offender may have been a getaway driver, lookout or an accomplice in a robbery gone bad. Felony murder holds all offenders involved to the same level of responsibility as the primary perpetrator.

Other states

California has also been prodigious in imposing life sentences on juvenile offenders. A juvenile charged and convicted of murder as an adult with any of a long list of special circumstances can be sentenced to LWOP. There are currently 227 juveniles serving LWOP in California. California is considering a bill that would eliminate LWOP and limit juvenile sentences to 25 years to life. California is not alone. Illinois, Florida, Nebraska and Michigan are also considering similar legislation. Last September, Pennsylvania’s Senate Judiciary Committee conducted a hearing on juvenile LWOP.

Pennsylvania should proceed with caution. Abolishing juvenile LWOP eliminates an appropriate sentencing option in some cases. However, LWOP for juveniles convicted of first degree murder should be an option not a mandatory requirement.

Sentences, especially for juveniles sentenced as adults, should be specifically tailored for each individual offender. Judges in Pennsylvania should have discretion to sentence juveniles to something other than LWOP following a conviction of first degree murder. The idea in Pennsylvania that the juvenile lookout in a robbery gone badly should receive the same sentence as a juvenile serial killer doesn’t make good sense or good law.

A juvenile sentenced to LWOP need not be doomed to a lifetime of hopelessness. The governor has the ability to grant clemency. Pennsylvania should consider establishing a juvenile clemency board. The board would be charged with the unique process of reviewing offenders who were sentenced to LWOP as juveniles. The legislature could establish parameters for consideration and guidelines for recommending clemency to the governor.

A tragic event, like last week’s murder in Lawrence County, can often be the impetus for constructive change in the criminal justice system. Juvenile LWOP is an issue that merits deliberate contemplation. It may be time for the legislature to consider untying the hands of prosecutors and judges when it comes to pursuing juveniles accused of murder.

X Matthew T. Mangino is the former district attorney of Lawrence County and a featured columnist for the Pennsylvania Law Weekly. He can be reached at matthewmangino@aol.com)