Encourage the Utah Legislature to end life without parole for children

Friday, Feb. 12, 2016

Not so long ago, one of my sons had the bright idea of painting a target on our house so he could practice his aim with a lacrosse ball. This might not have been such a bad idea if he hadn’t used spray paint. Bright white spray paint. On a dark brick wall. 

We don’t know for sure which of our lacrosse-loving sons made the decision to spray paint the house, but our invisible fourth son, “I don’t know,” once again was forced to accept the blame.

This relatively minor lapse in judgment caused little long-term harm, but demonstrates the thought processes – or lack thereof – of many teenagers. It is clear that little thought was given to the consequences of this act, either in terms of the vandalism to the house or the punishment to the offender. This is also all too often the case when teens and pre-teens commit crimes, including heinous crimes.

The child/teenage brain is different from that of an adult. It is still in development long past the time a teen enters high school. We seem to recognize this in our laws regarding voting, drinking and smoking, but not in our criminal laws regarding murder.

Currently, Utah law permits a child or teen to be sentenced to life without parole for murder. Thus, the 16-year-old whose brain development we have determined isn’t advanced enough to make voting decisions will be deprived of any opportunity to ever seek even a parole hearing, let alone be released from prison.  For a 17-year-old in prison, a life without the possibility of ever leaving the prison walls could mean 60 to 70 years with little incentive to reform, rehabilitate or engage in any act of restorative justice.

It is true that murders committed by young offenders are no less devastating than those committed by adults, and that children and teenagers who commit these crimes need to be held accountable and incarcerated until they are no longer a danger to society. But our requirements for accountability should also reflect their unique stages of development and the very strong possibility that, with a little encouragement, they will think far more logically and with a better developed sense of morality as adults. 

The Utah Legislature is expected to debate a bill that would end life without parole sentences for children. Doing so would not mean that a 17-year-old murderer walks free.  It would mean that the 17-year-old might have a chance, as an adult, to explain to a parole board what he or she has done to rehabilitate his life or reconcile with her past.  

The U.S. Conference of Catholic Bishops stands against life without parole for child offenders. As they explain, “We bishops cannot support policies that treat young offenders as though they are adults. The actions of the most violent youth leave us shocked and frightened and therefore they should be removed from society until they are no longer dangerous. But society must never respond to children who have committed crimes as though they are somehow equal to adults – fully formed in conscience and fully aware of their actions. Placing children in adult jails is a sign of failure, not a solution. In many instances, such terrible behavior points to our own negligence in raising children with a respect for life, providing a nurturing and loving environment, or addressing serious mental or emotional illnesses.”

The U.S. Supreme Court has effectively ended life without parole for youth on the federal level. Utah needs to do the same on the state level this legislative session.