Redemption and rehabilitation

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FreeJP Posted: 01-18-2008 2:34 PM

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 Redemption and rehabilitation
San Francisco Chronicle: Editorial
January 18, 2008

Three years ago, the U.S. Supreme Court struck down the death penalty
for minors as cruel and unusual punishment, citing medical and
social-science evidence that teens lack the maturity to be held
accountable to the same degree as adults.

"From a moral standpoint, it would be misguided to equate the failings
of a minor with those of an adult, for a greater possibility exists
that a minor's character deficiencies will be reformed," Justice
Anthony M. Kennedy wrote in the 5-4 opinion for the court. The justices
acknowledged that their decision was influenced, in part, by the desire
to end the United States' international isolation on the issue.

All of those arguments also could be applied to laws that put juveniles
in prison without the possibility of parole, which still occurs in this
country. In fact, 99.5 percent of all juveniles who are sentenced
without a chance of release are in the United States.

It was instructive that Sen. Leland Yee, D-San Francisco, was initially
frustrated in his efforts to get a straight answer about how many
California inmates serving life without parole were convicted before
age 18. The prison system did not seem to know. Or care. These inmates
were written off as irredeemable without regard to their ages at the
time of their crimes.

"Basically, what we're saying is we're giving up on them ... they're
never going to see daylight again because they're so dangerous," Yee
said.

In some cases, a lifetime of incarceration may be justified. But Yee, a
child psychologist, said there is "evidence both neurological and
psychological" that young people who commit crimes are not necessarily
beyond redemption.

Finally, Yee received a number: 227 inmates. Of those, 59 percent had
no prior criminal record; 26 percent were participants in a robbery or
other felony that resulted in a homicide - but someone else was the
actual shooter.

Yee's Senate Bill 999 would eliminate life sentences without parole for
juveniles who are tried as adults. Instead, the maximum penalty would
be 25 years to life.

As Yee emphasized, "This bill does not give you a get-out-of-jail
card." As we have noted in our examination of other cases, California's
parole board is famously - and properly - judicious in deciding which
inmates are fit for release. In most years, less than 5 percent of
"lifers" who appear before the board are cleared for release.

Beyond that, a law passed by voters in 1988 gives the governor the
ability to veto the parole of anyone convicted of murder. As of
December, Gov. Arnold Schwarzenegger had allowed the release of just
170 of the 771 parole-board recommendations that reached his desk.
Former Gov. Gray Davis allowed just six such releases during his tenure.

So there are plenty of safeguards against the release of unrepentant,
dangerous predators. This measure restores an element of judgment into
the equation. This bill also, to invoke the words of Justice Kennedy,
reflects the morality and wisdom of a society that recognizes that even
a terrible act at age 15, 16, 17 does not call for the dismissal of a
life. The Department of Corrections recently added "rehabilitation" to
its name. This is one way to advance that goal.

It won't be easy. Yee's bill squeaked through the Senate Public Safety
Committee on a 3-2 vote last year. Any loosening of sentencing laws
requires a two-thirds vote from each house. SB999 is expected to reach
the Senate floor later this month.

"It's a tremendous hurdle," Yee said, acknowledging the opposition of
law enforcement and victims'-rights groups.

However, it's the right thing to do for a society that respects medical
science and promotes the value of redemption and rehabilitation.

http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/01/18/EDROUGTKF.DTL