September, 2011

Presently, there are one hundred and twenty-one (121) prisoners that were juveniles during the commission of their crime serving life without parole in Arkansas' prisons (Arkansas Democrat Gazette editor sec. B). Contrary to what our justice system tells its jurors and the public, a life sentence in Arkansas is the same sentence as life without parole. The fact is, the only avenue for release is executive clemency granted by the governor. The only exception to this rule is Arkansas Code Annotated § 9-27-510 (c)(l)(B), of ACT 1192 of 1999. In short, this act will make all children sentenced to life or life w/o parole after 1999 eligible for parole.

Shamefully, the 121 children sentence to life or life w/o parole before 1999 will most likely die in prison. Juveniles serving life or life w/o parole serve more time on their sentence than adults with similar sentences; Are more likely to become victims of abuse (Assault, rape, and murder); Are the least likely to return to prison; and gain a higher level of education than adults while in prison. It is the children that exhibit the most positive change; Therefore, the most deserving of release. No matter what the crime, statistically, the majority of Americans believe that children —once matured ~ are worthy of another chance at freedom and believe the juvenile justice system is affording these children the possibility of a free future. (Kent and Colgan 2).

The fact that children and adults differ in fundamental ways is recognized by both U.S. and state laws - not to mention basic human common sense - and is backed up by independent behavioral research from multiple sources, including The American Medical Association and the American Psychological Association. Adolescent brain science shows that children are different from adults. "[...] not only to the observers naked eye, but in the very fiber of their brains" (the American Medical Association 10). Studies in neuroscience are finding that teenage brains are underdeveloped in ways that make their owners less culpable than adults (Philadelphia enquirer editor par 4-5). The U.S. Supreme court agrees, in Roper v. Simmons, the case making illegal the execution of children, the court explained, " From a moral standpoint it would be misguided to equate the failing of a minor with those of an adult, for a greater possibility exist that a minor's character deficiencies will be reformed" (Kent and Colgan 2). U.S. Supreme court justice Anthony Kennedy wrote, "Sentencing juveniles to life without parole is cruel and unusual", this violates the 14^th Amendment of the U.S. Constitution (Graham v. Florida).

In the supreme court case Graham v. Florida, the courts relied heavily on evidence from a growing body of research on brain development that has found; The teens decision making process differs from that of adults; Maturity is often absent in Adolescents thought and behavior patterns - or rather Children's brains lack the impulse control to consider consequences before making decisions; and peer-pressure is a much more pervasive force on teens decision making than that of adults (Kent and Colgan 2). Law professor Elisabeth Scott of Columbia University asserts "studies since Roper v. Simmons have further documented the physical and psychological difference between adult and juvenile criminals. Research on adolescent brain development reinforces arguments that minors are less responsible for their actions". Ironically, juveniles are the least likely to be granted Executive Clemency by Arkansas' Governors. In fact, of the last one hundred and fifty (150) plus clemencies granted in Arkansas in the last 20 years, not one has been granted to a juvenile serving a life or life w/o parole sentence. Not one child has been considered worthy for a second chance at freedom by our state's Governors.

Regarding the justice for children, change is happening rapidly around us world wide. Dahlia Lithwick reported, "The U.S. stands alone in the world in sentencing children to die in prison without hope of ever winning release" (Lithwick 23). International human rights laws prohibits life w/o parole sentences for those who commit their crimes before the age of eighteen

(18). Sentencing youth to life in prison without the possibility of parole violates at least three (3) international treaties, to which the United States is party: The International Covenant on Civil