FAIR PUNISHMENT PROJECT
JUVENILE LIFE
WITHOUT PAROLE
IN PHILADELPHIA
A time for hope?
MARCH 2016
INTRODUCTION
People who meet John “Freddie” Nole
see an eloquent writer, a committed
volunteer, and a loving husband.
Nole participates in community service projects, including
a program he founded that helps prisoners build stronger
relationships with their spouses and children.1 He has won
multiple awards, including the Spirit of Philadelphia, for
his commitment to bettering his community.2 Currently,
Freddie Nole, Age 23
Nole is a board member and facilitator of People
Advancing Reintegration, which helps people who are
returning to the community from prison.3 He also serves
as one of the worship leaders of the Yokefellow program,
which provides Christian spiritual guidance in prison.4
Freddie Nole, now 64 years old, is also a prisoner serving
life without the possibility of parole for a homicide that
he committed when he was 17 years old.
1
Michel Marriot, Graterford Lifer Honored Parent-Child Center was Inmate’s Idea, PHILLY.COM (Mar. 23, 1987). Available at http://articles.philly.com/1987-03-23/news/26219879_1_graterford-inmate-state-prison-jail.
2
Id.
3
E-mail from Susan Beard-Nole, wife of Freddie Nole, to Elizabeth Eisenberg, Fair Punishment Project (March 21, 2016, 09:23 EST) (on file
with author).
4
Id.
Juvenile Life Without Parole in Philadelphia
2
juveniles were convicted and sentenced
to life without the possibility of parole in
Philadelphia County.
This report explores what should happen to the 300 people who, like Nole, are
serving life without the possibility of parole for a juvenile homicide offense
committed in Philadelphia County, Pennsylvania.
The U.S. Supreme Court ruled in 2012 that the Eighth Amendment prohibits the
imposition of mandatory life without parole sentences on juveniles. At the time of
the ruling, Pennsylvania was still imposing mandatory life without parole sentences
on juveniles convicted of murder in the first and second degrees. In response to
the Supreme Court ruling, then-Pennsylvania Governor Tom Corbett signed new
legislation that changed the mandatory sentence for first-degree murder to 35
years to life without parole for juveniles older than 15 years, and 25 years to life
without parole for youth under 15 years old.5 For second-degree murder, the
sentence was changed to 30 years to life with parole for those 15 and older and
20 years to life with parole for those under 15 years old.6 Judges retained the
discretion to determine a youth’s suitability for life without parole sentences in
first-degree cases.
5
PHILLIPS BLACK PROJECT, NO HOPE: RE-EXAMINING LIFETIME SENTENCES FOR JUVENILE OFFENDERS 4 (2015) http://static1.
squarespace.com/static/55bd511ce4b0830374d25948/t/5600cc20e4b0f36b5caabe8a/1442892832535/JLWOP+2.pdf (citing Commonwealth v. Batts, 66 A.3d 286, 293 (Penn. 2013), and 18 Pa. Stat. Ann. § 1102.1).
6
Id.
Juvenile Life Without Parole in Philadelphia
3
Pennsylvania’s legislation explicitly did not apply
retroactively.7 However, on January 26, 2016, the U.S.
Supreme Court held in Montgomery v. Louisiana that
the prohibition against mandatory life without parole
sentences for youth must be applied retroactively to
every person serving this sentence.8 The court also
re-emphasized its determination in Miller in 2012 that
the punishment should only be used in extremely rare
cases when a juvenile offender is determined to be
Freddie Nole reads to his stepsons during a visit.
“Despite being in the harshness of
prison, Freddie has always maintained
a positive attitude. He has used
his energy to try to make the world
a better place by encouraging and
serving others, while making the most
of the opportunities available to him
to learn and grow. Who knows what he
could have achieved if he had a more
nurturing environment as a child.”
— Susan Beard-Nole, wife of Freddie Nole
“irreparably corrupt.”
Philadelphia County, Pennsylvania, is now preparing for
re-sentencing hearings for hundreds of inmates who
were originally sentenced to juvenile life without parole
(JLWOP) under the old laws. It is uncertain exactly how
these new rules will be applied in practice.
Philadelphia is now
preparing for re-sentencing
hearings for hundreds of
inmates.
In this report, we’ll explore several compelling reasons
why Philadelphia District Attorney Seth Williams should
use this opportunity to adopt a new approach for dealing
with juvenile offenders, and move Philadelphia from its
position as an extreme outlier on the issue of juvenile life
without parole into the norm.
7
18 Pa. Stat. Ann. § 1102.1; See Batts, 66 A.3d at 293.
8
Montgomery v. Louisiana, 136 S.Ct. 718, 736 (2016).
Juvenile Life Without Parole in Philadelphia
4
KIDS ARE
DIFFERENT
Modern neuroscience has proven that the adolescent brain differs
substantially from the adult brain. The prefrontal cortex, which is
the part of the brain used for impulse control and planning, is not
fully developed until around age 25.9 As a result, young people have
a reduced capacity to control their impulses; they may know and
understand the choices they are making, but they have a harder
time resisting the compulsion to act. Indeed, recent studies show
that juveniles perform worse than adults in the areas of impulse
control and suppression of aggression, both of which permit adults to
make more adaptive decisions than adolescents, in part because they
have a more mature capacity to resist the pull of social and emotional
influences and remain focused on long-term goals.10
The prefrontal cortex, which is the
part of the brain used for impulse
control and planning, is not fully
developed until around age 25.
9
Id.
10
Dustin Albert & Laurence Steinberg, Judgment and Decision Making in Adolescence, 21 J. Research on Adolescence 211, 220 (2011)
Juvenile Life Without Parole in Philadelphia
5
These neurological differences translate into a differing
risk-reward calculus between adolescents and adults.
For example, “when asked to evaluate hypothetical
decisions, adolescents as old as 17 were less likely than
adults to mention possible long-term consequences, to
evaluate both risks and benefits, and to examine possible
alternative options.”11 This is especially true with regard
to choices made under pressure, in emotionally charged
situations, or when influenced by friends.12
It is no surprise that as people age, their likelihood
of committing crimes significantly decreases.
Developmental research shows that juveniles usually
outgrow the type of reckless behavior that leads to
contact with the criminal justice system.13 Thus, the
strength of the adolescent brain lies in its elasticity
and resilience.14 In a very real sense, the teenager who
commits a serious crime is not the same person years—
It is no surprise
that as people age,
their likelihood
of committing
crimes significantly
decreases.
or decades—later when a parole board decides whether
he or she should be released from prison.
Most developed nations have accepted these
breakthroughs in neuroscience research on juveniles
and refuse to assign life sentences to youth. There are
no other Western nations that assign juveniles life
without parole sentences, and the U.N. Convention on
the Rights of the Child formally condemns it.15
11
Bonnie Halpern-Felsher & Elizabeth Cauffman, Costs and Benefits of a Decision: Decision-Making Competence in Adolescents and
Adults, 22 J. APPLIED DEVELOPMENTAL PSYCHOL. 257, 265, 268 (2001). Even greater differences prevailed between adults and
younger adolescents. See id. at 268.
12
Albert & Steinberg, supra note 10.
13
Laurence Steinberg & Elizabeth Scott, Less Guilty by Reason of Adolescence: Developmental Immaturity, Diminished Responsibility, and
the Juvenile Death Penalty, 58 AM. PSYCHOLOGIST 1009, 1012, 1014-15 (2003).
14
Sara B. Johnson, et. al., Adolescent Maturity and the Brain: The Promise and Pitfalls of Neuroscience Research in Adolescent Health
Policy, 45 J. ADOLESCENT HEALTH 3, 216-21 (2010). Available at http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2892678/.
15
U.N. Convention on the Rights of the Child, GA Res. 44/25, annex, 171, U.N. Doc. A/RES/44/25 (Nov. 20, 1989).
Juvenile Life Without Parole in Philadelphia
6
MANDATORY JUVENILE
LIFE WITHOUT PAROLE
IS UNCONSTITUTIONAL
Recent Supreme Court jurisprudence has now started to catch up with the science
behind adolescent behavior. The first move came in Roper v. Simmons, decided in
2005, when the U.S. Supreme Court banned the death penalty for those under the
age of 18 at the time of the crime, pointing both to the science and the growing
national consensus that kids should not be executed.16 Then, in a 2010 case, Graham
v. Florida, the court banned life without parole sentences for juveniles convicted of
non-homicide offenses. While the majority of states technically permitted JLWOP
sentences, the court found that they were very rarely imposed for non-homicide
offenses, citing only 11 jurisdictions that had done so.17
Roper and Graham established the important point that youth matters—children
under 18 are in a constitutionally distinct category for purposes of sentencing. The
Supreme Court determined that juveniles are less culpable and have greater
possibilities for reform, and therefore are less deserving of severe punishment.18
The court pointed specifically to three characteristics of youth that make their
actions less likely to be evidence of irredeemability: a less developed sense of
responsibility leading to recklessness and impulsive behavior; greater vulnerability
to negative influences and outside pressures in their environment; and a more
malleable character than that of an adult.19
16
Roper v. Simmons, 543 U.S. 551, 564-565 (2005) (“30 States prohibit the juvenile death penalty, comprising 12 that have rejected the
death penalty altogether and 18 that maintain it but, by express provision or judicial interpretation, exclude juveniles from its reach...
even in the 20 States without a formal prohibition on executing juveniles, the practice is infrequent.”).
17
Graham v. Florida, 560 U.S. 48 (2010) (“[O]nly 11 jurisdictions nationwide in fact impose life without parole sentences on juvenile nonhomicide offenders—and most of those do so quite rarely—while 26 States, the District of Columbia, and the Federal Government do not
impose them despite apparent statutory authorization.”).
18
Id. at 68 (quoting Roper).
19
Montgomery, 136 S.Ct. at 733 (2016) (quoting Roper and Graham; alterations, citations, and some internal quotation marks omitted).
Juvenile Life Without Parole in Philadelphia
7
Sentencing a juvenile to life without
parole without specifically considering
his or her youth as a mitigating factor
violates the Eighth Amendment.
The Supreme Court applied this same
Irreparable corruption is a very high bar,
rationale in their 2012 decision in Miller
and the court has stressed, “[A]ppropriate
v. Alabama, which banned mandatory life
occasions for sentencing juveniles to this
without parole sentences for juveniles
harshest possible penalty will be uncommon.
convicted of homicide offenses.20 The court
That is especially so because of the great
held that automatically sentencing a juvenile
difficulty we noted in Roper and Graham
to life without parole without specifically
of distinguishing at this early age between
considering his or her youth as a mitigating
the juvenile offender whose crime reflects
factor violates the Eighth Amendment.21
unfortunate yet transient immaturity, and the
The Miller court then went on to propose
rare juvenile offender whose crime reflects
a standard for the rare case in which life
irreparable corruption.”23 In Roper, the court
without parole could be imposed on a
noted that “it is difficult even for expert
juvenile, explaining that this punishment
psychologists”24 to make a determination
should be reserved for exceptional cases—
that a child is irreparably corrupt, given that
for juveniles whose crimes reflect
decision-making skills are still developing
“irreparable corruption.”
and changing.
22
They reaffirmed this standard this year in
the Montgomery decision.
20
Miller v. Alabama, 132 S.Ct. 2455 (2012).
21
Id.
22
Id. at 2469.
23
Id.
24
Roper, 543 U.S. at 573.
Juvenile Life Without Parole in Philadelphia
8
Jurisdictions that prohibit JLWOP
States that allow JLWOP but have no such cases
States that allow JLWOP and have five or
fewer cases
District of
Columbia
A Broad Consensus Against Juvenile
Life Without Parole
At the time of the 2012 decision, the court left it up to the states to
decide how to apply the prohibition on mandatory life without parole
sentences for juveniles. Ten states have abolished juvenile life without
parole completely in the years since Miller, bringing the national total
of jurisdictions that formally prohibit it to 17 states and the District of
Columbia.25 While many of the states that retained juvenile life without
parole determined that Miller should apply retroactively, meaning that
youth sentenced under old rules would have resentencing hearings to
determine if their punishment fit the Miller criteria, Pennsylvania chose
not to apply Miller retroactively.26 In fact, in Commonwealth v. Cunningham,
Philadelphia County District Attorney Seth Williams’ office fought all
attempts to make Miller retroactive, arguing that there was no legal
reason to change the sentences.
25
PHILLIPS BLACK PROJECT, supra note 5.
26
Commonwealth v. Cunningham, 81 A.3d 1 (Pa. 2013).
Juvenile Life Without Parole in Philadelphia
9
Kempis Songster, Age 14
In January 2016, the Supreme Court determined in Montgomery v.
Louisiana that Miller must be applied retroactively.27 This means that all
people currently serving JLWOP sentences must have their sentences
reconsidered or, alternatively, be made eligible for parole.28 Montgomery
did not make release mandatory, but the court was clear that the vast
majority of JLWOP sentences should be significantly reduced because
the sentence should be unusual and an exception rather than the norm.
“Miller determined that sentencing a child to life without
parole is excessive for all but the rare juvenile offender
whose crime reflects irreparable corruption.”29
The court thus established the legal standard for resentencing and
parole determinations by holding that those individuals serving JLWOP
sentences “must be given the opportunity to show their crime did not
reflect irreparable corruption.”30
27
Montgomery, 136 S.Ct. 718.
28
The issue about parole versus resentencing remains to be litigated in the various states.
29
Montgomery, 136 S.Ct. at 724 (quoting Miller).
30
Id. at 736
Juvenile Life Without Parole in Philadelphia
10
PHILADELPHIA IS AN
‘EXTREME OUTLIER’
ON JUVENILE LIFE
WITHOUT PAROLE
Among all U.S. jurisdictions, Pennsylvania has imposed
the highest percent of JLWOP sentences of any state. In
particular, Philadelphia County is responsible for the
highest number of juvenile life without parole convictions
in the country.31 By way of comparison, Philadelphia
County is home to .5% of all Americans, but at least 9% of
all juveniles sentenced to life without parole. There are
32
approximately 300 individuals currently serving JLWOP
sentences from Philadelphia County.33
A number of legal factors coalesced to make Philadelphia
the center of JLWOP sentencing. Pennsylvania does
not have a “juvenile murder” charge, meaning that all
youth—no matter how young—who commit homicide in
Philadelphia County
has the highest
percentage of
juveniles sentenced
to life without parole
in the country.
Pennsylvania can be tried as adults. All juveniles charged
with homicide begin their cases in adult court, and the
31
Holly Otterbein, Philly Tops All Cities in Sending Juveniles to Prison for Life, PHILLY MAGAZINE (Sep. 23, 2015), http://www.phillymag.
com/citified/2015/09/23/juvenile-life-without-parole-sentence/.
32
Id.
33
Data from Bradley Bridge, Assistant Defender at Philadelphia Defender Association.
Juvenile Life Without Parole in Philadelphia
11
Pennsylvania
Louisiana
Iowa
South Dakota
Illinois
Maine
Pennsylvania is one of just six states
where all life sentences are imposed
without the possibility of parole.
burden is on the defense to convince a judge to move the case to juvenile court.
The mandatory sentence for first-degree and second-degree murder committed
by a juvenile, up until the rulings in Miller and Montgomery, was life without
parole.34 Murder in the second degree is a homicide that occurs “while defendant
was engaged as a principal or an accomplice in the perpetration of a felony.”35
Pennsylvania is just one of six states where all life sentences are imposed
without the possibility of parole,36 and is one of just two states where both
first- and second-degree murder convictions automatically trigger life without
parole sentences.37
In addition to the extremely punitive laws, the Philadelphia County District
Attorney’s Office historically embraced a culture that valued excessive
punishment in response to the nationwide moral panic surrounding the so-called
“superpredator” scare in the 1990s. This scare was facilitated by the perception
that violent crimes committed by youth were increasing. The “superpredators”
were a coming “breed” of “fatherless, Godless and jobless” teenagers who would
“kill, rape, [and] maim, without giving it a second thought.”38
34
Bobby Allyn, For Hundreds of Inmates Who Killed in Their Youth, Chance for Parole Hinges on High Court Decision, NEWSWORKS (Oct.
12, 2015), http://www.newsworks.org/index.php/local/philadelphia/87065-for-hundreds-of-inmates-who-killed-in-their-youth-chancefor-parole-hinges-on-high-court-ruling.
35
18 Pa C.S.A. § 2502(b).
36
Christopher Moraff, Court Can Force PA’s Hand on Juvenile Sentencing, PHILLY.COM (Oct. 19, 2015), http://mobile.philly.com/
beta?wss=/philly/opinion&id=333961331.
37
Id.
38
John J. DiLulio, Jr., Arresting Ideas, HOOVER INST. POL’Y REV. (1995); Editorial Board, Echoes of the Superpredator, N.Y. TIMES (Apr. 13,
2014), http://www.nytimes.com/2014/04/14/opinion/echoes-of-the-superpredator.html.
Juvenile Life Without Parole in Philadelphia
12
The Myth of the
The myth of a new wave of young
“superpredators” carried with it racial
undertones that had dire repercussions for
25
20
young people of color who became caught up
15
in the criminal justice system during this era.
10
Black youth in Philadelphia were
disproportionately sentenced to life without
parole. African-Americans make up 17% of
Pennsylvania’s population, but 80% of its
juvenile lifers.39
5
0
1965
1975
1985
1995
2005
2015
JLWOP Sentences in Philadelphia 43
violent crimes and refused to acknowledge all
The “superpredator” myth, which led to
scientific evidence supporting rehabilitation
an increase in juvenile life without parole
of youth and the impact of trauma on
sentences, was proposed by political scientist
development.40 While these theories have since
John Dilulio in the early 1990s. Dilulio argued
been debunked, vestiges remain in punitive
that young people, particularly young people
sentencing schemes—like Pennsylvania’s use of
of color in urban areas, were so morally
JLWOP sentencing as a mandatory minimum
corrupt that rehabilitation was useless. Dilulio
sentence, which sends an unambiguous
and former Philadelphia District Attorney
message that a child is too incorrigible to ever
Lynne Abraham served together on the
change.41 Much like his predecessor Lynne
Council on Crime in America, a pro law-and-
Abraham, Philadelphia County’s current
order organization that sought solutions to
district attorney, Seth Williams, has spoken in
what was perceived to be a rise in violent
favor of harsh sentencing for juveniles.42 The
crimes committed by youth. The Council on
Montgomery decision offers him the chance to
Crime in America emphasized the need to
reconsider his approach to juvenile justice.
“contain” young people who were committing
39
Holly Otterbein, Philly Tops All Cities in Sending Juveniles to Prison for Life, Philly Magazine (Sep. 23, 2015), http://www.phillymag.com/citified/2015/09/23/juvenile-life-without-parole-sentence/.
40
The Counsel On Crime In America, The State of Violent Crime in America (1996) https://www.heartland.org/sites/all/modules/custom/heartland_
migration/files/pdfs/4390.pdf.
41
Phillips Black Project, supra note 5.
42
Allyn, supra note 34.
43
Infographic by Phillips Black.
Fair Punishment Project: Juvenile Life Without Parole in Philadelphia
13
WHO ARE THE KIDS
SENTENCED TO LIFE
WITHOUT PAROLE?
Freddie Nole shows how much a person can change as he
grows into an adult. Nole grew up in South Philadelphia
as one of 11 siblings, and was left to run the streets and
fend for himself. In 1969, when he was just 17 years old,
Freddie Nole
Nole and two other teens were arrested for robbing an
elderly South Philadelphia shopkeeper, who later died
from injuries sustained during the robbery.44 All of the
youth involved were charged with murder.45 While the
other two teens were tried in juvenile court and given
17 64 47
Age at Arrest
Current Age
Years Incarcerated
short sentences, Nole was charged as an adult and
sentenced to life in prison without parole.
Nole uses his first-hand knowledge to help prisoners,
family members, and other community members by
contributing writings to the Human Rights Coalition,
a Philadelphia-based organization committed to
rehabilitation and humane prison conditions.46
44
Marriot, supra note 1.
45
See 42 Pa. Const. Stat. Ann. § 2502(b).
46
Human Rights Coalition (“About”), http://hrcoalition.org/about.
Juvenile Life Without Parole in Philadelphia
14
“About four years after I
came in, I started changing
my life around.
Freddie Nole and wife Susan Nole and family
Nole has pointed out that, like him, many youth
I had started going to school, and I passed
my GED. That was significant; that was like a
milestone for me. It made me feel wonderful.
It was the first time I had the opportunity to
make my family proud of me. But more than
that, it allowed me to see what I was capable
of as an individual.”47
— Freddie Nole
sentenced to JLWOP are “poor, uneducated, from single
parent homes, alcohol and drug infested neighborhoods,
and minorities.”48
Mr. Nole is not the same person he was as a teenager,
and this is true of countless other inmates who were
sentenced as juveniles in Philadelphia and are still
serving time.
Luis Gonzalez was 17 years old when he was spending
time with a group of friends and they decided to steal
someone’s jacket. The man was killed, although police
Luis Gonzalez
never determined who pulled the trigger.49 Luis was
sentenced to life without parole for the crime. Since
then, he has dedicated himself to education and has
spearheaded several volunteer initiatives, including a
scholarship program funded by inmates at Graterford
17 46 29
Age at Arrest
Current Age
Years Incarcerated
State Correctional Institution from their meager wages.50
47
Human Rights Coalition, THE MOVEMENT, http://hrcoalition.org/sites/default/files/movement22.pdf.
48
HOWARD ZEHR, DOING LIFE: REFLECTIONS OF MEN AND WOMEN SERVING LIFE SENTENCES (1996).
49
THE REDEMPTION PROJECT, Profile on Luis Gonzalez, http://www.theredemptionproject.org/.
50
Id.
Juvenile Life Without Parole in Philadelphia
15
In 1953, Joe Ligon, then 15 years old, was arrested
along with five other youths in connection with the
Joe Ligon
deaths of two other teens in a large brawl.51 Ligon is
developmentally disabled and did not actually stab
the victims who died.52 Today, all four of the other
defendants have been released; only Ligon remains
locked up.53 He is now a 78-year-old man, and with
more than six decades of incarceration, he is the
15 78 63
Age at Arrest
Current Age
Years Incarcerated
longest-serving juvenile lifer in the state.54
In 1980, David Maldonado, then 16, stabbed a
man who was pursuing him after David’s brother
stole a box from the man.55 Maldonado cried when
David Maldonado
he realized he had killed someone. He was later
convicted of second-degree murder.56 Thirty-five
years later, he has overcome his drug addiction,
received multiple degrees, and hopes to become a
drug and alcohol counselor.57
16 52
Age at Arrest
Current Age
36
Years Incarcerated
51
Karen Heller, After 57 Years Behind Bars, A Juvenile Lifer Speaks, PHILLY.COM (Sep. 22, 2010), http://articles.philly.com/2010-09-22/
news/24978674_1_fellow-inmates-prison-joe-ligon.
52
Id.
53
Id.
54
PA. Juvenila Lifers Look to Supreme Court for Some Relief, PHIL. TRIBUNE (Sep. 29, 2013), http://www.phillytrib.com/news/pa-juvenilelifers-look-to-supreme-court-for-some-relief/article_485bed07-0e2c-55c0-bdfe-c00fced07d4b.html.
55
Commonwealth v. Maldonado, 494 A.2d 402, 405 (Pa. 1985).
56
Id.
57
THE REDEMPTION PROJECT, supra note 49, Profile on David Maldonado.
Juvenile Life Without Parole in Philadelphia
16
In 1987, 15-year-olds Kempis Songster and Dameon
Brome got in over their heads with a Jamaican
Kempis Songster &
Dameon Brome
15 43 29
Age at Arrest
Current Age
Years Incarcerated
drug gang in Philadelphia. After being locked in a
room without food, and fearing for their lives, they
participated in an attack that resulted in the death
of another boy who worked for the gang.58 Songster
and Brome deeply regret their actions and have
spent their time in prison studying, writing, and
volunteering.59 Even the victim’s father forgave
Songster and Brome, arguing that both boys were as
much victims as his own son, due to their youth and
the extreme influence of gang leaders.60
Many of the youth sentenced to JLWOP were
sentenced under the felony murder rule, meaning
John Pace
they had no intent to kill anyone.61 When John
Pace was just 17 years old, he hit a man in the head
with a rubber blackjack, intending to knock the
17 47 30
Age at Arrest
Current Age
Years Incarcerated
man out so he could rob him. The man died 10 days
later, and Pace ultimately pled guilty to seconddegree murder.62 Since then, more than 30 years
have passed, and John has used the time to earn a
bachelor’s degree and to teach other prisoners
how to read.63
58
Amy S. Rosenberg, Caught in the Drug World, 2 Teenagers Became Killers, PHILLY.COM (Jan. 18, 1988), http://articles.philly.com/198801-17/news/26283642_1_shower-posse-jamaican-drug-gang-member.
59
Amy S. Rosenberg, Teen Killers, Prison Lifers, Given a Ray of Hope, PHILLY.COM, (Feb. 16, 2016), http://www.philly.com/philly/news/
Teen_killers_prison_lifers_given_a_ray_of_hope.html.
60
Id.
61
Adam Brandolph, Juvenile Lifers in Pennsylvania Lose Appeal to High Court, TRIBLIVE, Jun. 9, 2014), http://triblive.com/state/pennsylvania/6253741-74/court-appeal-law.
62
THE REDEMPTION PROJECT, supra note 49, Profile on John Pace.
63
Id.
Juvenile Life Without Parole in Philadelphia
17
Robert “Saleem” Holbrook was 16 years old when he
served as a lookout for what he was told would be
a drug deal.64 The incident ended with a killing that
Robert “Saleem”
Holbrook
he did not participate in or anticipate, yet he was
convicted of second-degree murder.65 Since then, he
has written articles for newspapers, journals, and
newsletters; joined the Human Rights Coalition; and
written a survivor’s manual to assist juveniles and their
16 42
Age at Arrest
families in navigating juvenile life without parole.66
Current Age
26
Years Incarcerated
Stacey Torrance was only 14 years old when he was
involved in the plans of his cousin and another man
to commit a burglary that he did not know would end
in a homicide.67 Despite his youth and the fact that he
Stacey Torrance
was not present for the killing, Torrance was convicted
of the murder and sentenced to life without parole.
68
Since then, he has found his passion working as an
electrician. He makes 42 cents an hour doing this work
for the prison and dreams of continuing this work on
the outside.69 He is now 40 years old and has been in
14 42 28
Age at Arrest
Current Age
Years Incarcerated
prison for all of his young life; he’s never paid a bill or
driven a car.
64
Richard Wolf, Supreme Court Considers Reprieve for Kids Who Kill, USA TODAY (Oct. 11, 2015), http://www.usatoday.com/story/news/
politics/2015/10/11/supreme-court-juvenile-life-without-parole-murder/73594976/.
65
Sadhbh Walshe, What JLWOP Means: Life, Without Parole, for Kids, THE GUARDIAN (March 16, 2012), http://www.theguardian.com/
commentisfree/cifamerica/2012/mar/16/what-jlwop-means.
66
16 And Life to Go…The Case of Robert L. Holbrook, FREESALIM.NET, http://freesalim.net/16_and_life_to_go.
67
Matt Stroud, Just Kids—Could A Recent Supreme Court Decision Give Juvenile Lifers a Second Chance?, IN THESE TIMES (Dec.
30,2013), http://inthesetimes.com/article/15988/just_kids_juvenile_life_sentencing.
68
Dana DiFilippo, Sentenced to Life As A Juvenile, He Hopes Ruling Means Freedom, PHILLY.COM (June 27, 2012), http://articles.philly.
com/2012-06-27/news/32425545_1_sentences-nonhomicide-juvenile-lifers.
69
Id.
Juvenile Life Without Parole in Philadelphia
18
These stories are compelling examples that demonstrate
just how much juvenile offenders can transform
themselves as they age.
These sentencing decisions were made without credible
information about an individual’s potential. A life without
parole sentence for a teenager “means denial of hope; it
means that good behavior and character improvement
are immaterial; it means that whatever the future might
hold in store for the mind and spirit of [the inmate], he will
remain in prison for the rest of his days.”70 It means “there
is no possible piece of information that could be learned
between sentencing and death that could bear in any way
on the punishment the convicted is said to deserve, short
of what might ground an appeal.”71
But juveniles who commit a serious crime and the person
they become later in life are often very different people.72
Many of them demonstrate a great elasticity and capacity
for change and simply grow out of any proclivity toward
criminal activity.73 Often, they are more mature and
introspective, and have great potential to be a valuable
member of society. No compelling evidence exists to
show that a juvenile who is charged with a violent crime
will continue to commit crimes throughout adulthood.
Indeed, many of these prisoners have transformed their
lives in dramatic fashion in the years—and decades—since
their convictions. The vast majority of those sentenced to
JLWOP are not the same 14- or 17-year-olds who long ago
committed serious crimes.
70
Graham, 560 U.S. at 70 (quoting Naovarath v. State, 105 Nev. 525, 526, 779 P.2d 944 (1989)).
71
Jennifer Lackey, The Irrationality of Natural Life Sentences, N.Y. TIMES (Feb. 1, 2016), http://opinionator.blogs.nytimes.com/2016/02/01/
the-irrationality-of-natural-life-sentences/?emc=eta1&_r=2.
72
Id.
73
Dana Goldstein, Too Old to Commit Crime?, THE MARSHALL PROJECT (Mar. 20, 2015), https://www.themarshallproject.
org/2015/03/20/too-old-to-commit-crime#.GeHv5zjzJ.
Juvenile Life Without Parole in Philadelphia
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A REASON FOR HOPE IN
PHILADELPHIA COUNTY
This is a critical moment in District Attorney Seth Williams’ career.
Hundreds of individuals sentenced to life without parole for crimes
they committed as kids are now eligible for resentencing hearings
under Montgomery. In this scenario, as in many other sentencing
decisions, the prosecutor wields a great deal of discretion.
Throughout the United States, the tide has turned against life
without parole sentences for juveniles, with both neuroscience and
common sense guiding the shift. Philadelphia County remains an
extreme outlier in its high usage of JLWOP sentences, although it
now has the opportunity to adopt a new approach to juvenile justice.
It is up to Seth Williams’ office to consider the growing body of
evidence against sentencing juveniles to life in prison without parole
and seek more appropriate sentences in these cases.
Juvenile Life Without Parole in Philadelphia
Seth Williams, Philadelphia
District Attorney
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ABOUT THE FAIR
PUNISHMENT PROJECT AND
PHILLIPS BLACK PROJECT
The Fair Punishment Project uses legal research and educational initiatives to ensure
that the U.S. justice system is fair and accountable. As a joint initiative of Harvard Law
School’s Charles Hamilton Houston Institute for Race & Justice and its Criminal Justice
Institute, the Fair Punishment Project works to highlight the gross injustices resulting
from prosecutorial misconduct, ineffective defense lawyers, and racial bias, and
illuminate the laws that result in excessive punishment. For more information visit:
www.fairpunishment.org.
Phillips Black is at the forefront of compiling and analyzing the transformation of
juvenile life without parole sentencing (JLWOP) resulting from the seminal Eighth
Amendment decisions of Graham v. Florida, 560 U.S. 48 (2010), and Miller v. Alabama,
132 S. Ct. 2455 (2012). Phillips Black is a leading producer of JLWOP legal scholarship
examining the rapid changes across the country, identifying the jurisdictions that have
already abandoned or are decidedly moving away from this sentence, and explicating the
law and actual practices in counties and states that continue to countenance sentencing
individuals to die in prison for crimes they committed before reaching age 18. For more
information visit: www.phillipsblack.org/juvenile-justice.
FAIR PUNISHMENT PROJECT
Juvenile Life Without Parole in Philadelphia
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