What we are dealing with in this paper are Constitutional Rights applied to children or juveniles who have an abnormal association with violence or possibly an enslavement to organized crime; this against a purpose centering on gleaning out those who can be salvaged while securing the rest to a life of unending imprisonment resulting from a conviction of a capital crime that if an adult would warrant the death sentence or life in prison except the adult can may be able to exercise an appeal. While acknowledging that, regardless of circumstances, the public has also a right to be protected and for justice to be served. So if you were raised by a decent and loving family; thank your lucky stars and the Lord Jesus Christ for his help. In this situation, however, it is most likely that these children were raised by people who didn’t give a damn about their safety and will as much as eat them if they can’t afford groceries, dismember them to sell their body parts on the International market; take them into an RV park to be prostituted or sold, if they don’t do what their told, they don’t spank them; they rape them, send them to a torture session or shoot them between their eyes and they have a perverted sense of appropriate sex. Children trained for organized crime also includes supplanting a young person in place of an adult in prison even for the death penalty; not withstanding, the change to the current Law for Minors, Life without Parole is considered just compared to the adult penalty of death or Life. More or less, they consider these children chattel to be used as they please; while parents have the highest authority in the US over their children seconded only by the Law and government intervention. This description is no doubt to the absurd; nonetheless, a child that will commit a capital crime is absurd driven by something beyond the usual. Thus, what options are morally available regarding age?
According to the Congressional Research Service report dated June 13, 2022, there are twenty-five (25) States who have rejected the Life Sentence without Parole for minors while ten (10) States have approve it. This law accomplishes two thing: it takes them out of the category of adults that would put them in an adult prison facility and removes the Death Penalty the death penalty. Juvenile Law is considered a State’s right only engaging Federal oversight if a Constitutional issue is at stake. Furthermore, knowing the accutraments of organized crime, including human trafficking in the US, today includes the perverse enterprise of young people having children to market. Nonetheless, the omission of denying constitutional mandates that protect individual rights has been questioned by the Supreme Court where a minor has been sentenced to a life sentence without the right to petition for parole before reaching adult age based on the severity of the crime. In this discussion, I take the position, identifying violations of the 5th, 8th, and 14th Amendment, that under no circumstance can the protections embedded in the US Constitution be compromised setting a precedent that can impact the future of all Americans; not just the accused.
Constitutional protections should never be compromised against circumstances; therefore what comes first and not second, is the consideration, when either legislating or pronouncing a sentence from Courtroom, the Law. What is just, the Law, is first, extraneous circumstances, specifically that which provokes, is second in the decision-making process. Otherwise pandora’s box is opened without knowing where it will eventually take the country. I read the report published by the Congressional Research Service on this life sentence without remedy for juveniles. It was very informative and candid given the sensitive subject matter.; however, it seemed to focus primarily on the opinions supported by the Eighth Amendment of the US Constitution regarding cruel and unusual punishment; and cognitive development of the young prisoner citing the opinion of the American Psychological Association holding to the position that cognitive development should never be evaluated for a life sentence without remedy . . . given their lower responsibility and ability to change, they should be deemed less responsible and thus less punishable.” However, equally important; if not more so than the Eighth Amendment, is Due process of Law (5th and 14th Amendment) and privileges and immunities (14th Amendment). We are, after all, speaking of a US citizen, though underage, who is going to be sentenced to a life sentence with no remedy allowed before they are intellectually capable of assent. There’s something wrong with judging in a Courtroom who is disadvantage, without consideration. There was something else missing in the report that was noticeable in their comparisons which engaged a question: Could it be shown that an adult prisoner, found guilty of a similar capital crime, had recieved a more favorable sentence than is being proposed for the juvenile. This comparison was ever introduced that could help to establish a standard. If this proved to be true, the precident puts the Life Sentence with no Parole out the door. It makes a statement that the Court and those interested in the case, put aside the Constitutional Law only applying a logic that says they don’t know what else to do with them: they are are either not wanted, create a risk or have no family; therefore, life in prison solves the problem at the cost of Constitutional protections and simply put, morality, in general. It’ a simple matter of what is expedient.
It only takes one generation whose rights are forfeited by force to establish a root for an authoritarian government; this is the point being made in this paper. Not solely because it seems unjust against an underdeveloped individual; but more to the point it is that it establishes precedent for the entire nation. There is more than one country, Germany for instance, that began authoritarianism rule with one law and one generation as they did with the T-4 program in Nazi Germany in which retarded children were euphejized ultimately expanding to include anyone; adults and otherwise, under the policy of “you don’t contribute to the nation; you don’t eat.” Seventy-five thousand Germans were killed in the T-4 program which also became the forerunner of the Jewish Death Camps. Triblinka is where Franz Stingl, originally from the T-4 program, became the commandant where 900,000 Jews were gassed.Therefore, it is my opinion that you do not let the government deny anyone their constitutional rights, at any age, because eventually it will apply to everyone. I agree with the transition to a Life Sentence kept in Juninile facilities but with, at some point considering the gravity of the crime, the right to petition for parole.
I have included in my platform as a Candidate to the US House of Representatives in the 2022 Election, that enforcement needs to be strengthened regarding Constitutional protections of the young beginning at birth only because Roe v Wade was accepted on the basis that a fetus was not a person which ultimately lead to the legitimization of Partial Birth Abortion. The belief by the moral as well as the Christian society regarding euthanasia of the unborn is that eventually it will apply to anyone at any age for the sake of convenience and to balance the books.as is done in Communist States. Therefore, I recommend that the Life sentence without Parole be adjusted, regarding juvenile Law, to a Life Sentence with the right to petition by age twenty-five undergirded by psychological treatment and schooling inside the facility. in the interim there is a chance to redeem them from the bondage of their youth; to receive grace IF they want it; if not a room in prison is held for them. In there development years that still remain, raining, support and exposure to different choices that the justice system will offer them can be productive. In closing, I will take this opportunity to bring to your attention that two to three decades ago we were warned on a national talk program on TV by a sociologist that if the movies kept getting more and more violent the American people would become a violent society.
1. Other Recommendations:Once convicted, separate them between the sane and the insane and put them in separate facilities; then, divide the ones who are considered sane into three subgroups: the good, the moderately good and the bad. From here, they can move up to the higher category until 25 when they can petition and or going on to an adult facility commensurate with their development retaining the right to petition for parole. From there tiers can be established where say the younger the juvenile the younger they can petition and so on and so forth as the age relevance increases.
2. Once the right to petition for parole is available, it should be with constraint meaning that parole shall be made available with scrutiny and following an appropriate time span when they pass into adulthood given the charge of capital punishment absent the death penalty.
3. Those with culpable responsibility for the condition of these juveniles, be they family, organized crime including in prison facility personnel and parole officers, are guilty for the same crime by extension but as an adult; shall be charged as an adult with the capital crime committed thru the minor receiving the death penalty without the right of petition. This forms a parallel system of Law where the original Law for a Capital Crime was one and the same for both adult and juvenile of a Death or Life sentence s now split between the culpable adult participant , who is also guilty for killing the juvenile committed to a living death, getting the Death sentence and the convicted juvenile getting the Life sentence with the ability to petition for parole.
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Original source can be found here.
