Last month the Austin Statesman published
the article “Juvenile
life sentence ruling is wise” an
article referring to the possibility of the decision to retract life sentencing
without parole to convicted juveniles. The U.S. Supreme Court “ruled that state laws
mandating that defendants younger than 18 who are convicted of murder be
sentenced to life in prison without parole violated the Constitution's Eighth
Amendment, which prohibits cruel and unusual punishment.”
In 2009, Texas
legislature banned life without parole of juveniles but Texas’ law failed to
make prohibition retroactive. “Thus,
27 juveniles who were convicted of capital murder as adults between 2005, when
the U.S. Supreme Court banned the death penalty for juveniles, and the passage
of the new 2009 law are sitting in prison without any chance for parole.”
The first sentence of the
article states, “Sentencing children to die in prison is cruel and unusual and
therefore unconstitutional.” The Supreme Court obviously agrees when they
decided to change this matter.
The writer of this
article certainly gives his or her thoughts about this by addressing, “Prison keys should be pocketed for
juvenile offenders, not thrown away…juvenile defendants must be allowed hope
for redemption — to see hope for a life beyond death in prison.” Knowing that
the author is in favor of live sentencing with parole for juveniles what about
rare cases that seek a deeper punishment? Do we still think that should exist?
What about rare cases when we believe harsher punishment should be granted? I
wonder if the author would have taken a side.
For rare cases where sentencing without
parole would be necessary I believe it would not be unconstituinal because of
the severity of the crime, and it would be better than the death penalty. Many
people to this day still debate on this matter as well as matter of whether the
death penalty should still exist.
I believe that the author intended this
article to be guided toward a general audience providing knowledge about Texas’
juvenile criminals. The author provides cases within the article that have
something in common – broken pasts and broken homes. This could possibly be
also guided to adults seeing as children are usually a reflection of their
parents (not always though). I think this is a very interesting article because
the debate for punishment to any age will most likely be changed many more
times.
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