Fostering Fresh Starts: Outlawing Juvenile Life-Without-Parole Sentences
The United States of America is the only country in the world that sentences children to life behind bars without the opportunity to get out. Children as young as 13 years old have had to face the reality that they will not step foot outside of the gates of a correctional institution for the rest of their lives.
In the last two decades, the Supreme Court has heard many cases regarding juvenile life without parole (JLWOP) sentences. The notable cases are Graham v. Florida in 2010, which outlawed JLWOP sentences for non-homicide offenses, and Miller v. Alabama in 2012, which outlawed states mandating JLWOP sentences. The rationale behind these decisions was the same. Juveniles are different from adults psychologically in ways that make them less culpable and easier to rehabilitate.
Georgia is one of 22 states that have not outlawed JLWOP. Right now, there are about 900 people serving life without parole in Georgia for crimes they committed before they turned 18 years old. Since the Miller v. Alabama case in 2012, 31 juveniles have been sentenced to life without parole sentences in Georgia.
The highest court in the United States deemed that juveniles lack the cognitive development of adults and should be sentenced with that in mind. This begs the question, why is Georgia still sentencing children the same way they sentence adults?
Critics of outlawing JLWOP sentences argue that it is unsafe to release these individuals and that they are at risk of committing more crimes. However, evidence shows that this is not the case. Multiple studies have shown that most inmates released following the 2012 Miller v. Alabama decision have stayed out of prison since their release. One study of individuals who were sentenced to life without parole for murder in Pennsylvania found that, as of October 2023, a mere 5.2% of them had been charged with a misdemeanor or felony post-release.
A 2020 study had even more promising statistics. It showed that the recidivism rate of people released from juvenile life without parole sentences in Philadelphia was only 1.14%. It also predicted that the release of the 174 inmates studied would save the corrections department $9.5 million in the first decade of their release.
More traditionally conservative states like to boast a “tough on crime” mentality and refuse reforms that would release people, and Georgia is no exception. However, a real “tough on crime” attitude should emphasize accountability and work toward rehabilitation. Juveniles with lengthy sentences have time to grow and do better for themselves. Still, there is a lack of incentive to do so with JLWOP sentences.
Additionally, JLWOP sentences do not have the same deterring effect many people think they do. Juveniles lack the foresight adults have, which is one reason they should not be sentenced in the same way and defeats the purpose of threatening harsh sentences.
Juvenile life without parole sentences reap no benefits. They are costly for the state and put a burden on communities and families. Undermine the underlying purpose of the corrections system, to push people to reflect on their mistakes and grow from them.
More than half of the states in the U.S. have banned juvenile life without parole sentences, and Georgia should be next to do so. During the 2024 Georgia legislative session, Representative Yasmin Neal (D-74) proposed HB 1214, a bill that would outlaw life sentences without parole for defendants under the age of 18. Unfortunately, this bill did not pass after its second read in the House.
The Republican majority in the Georgia State House and Senate can make it difficult to pass these types of reforms. However, this kind of political climate has not stopped states like Ohio, Kentucky, Texas and West Virginia from passing bans on life-without-parole sentences for juveniles.
Georgia needs to take this essential step in criminal justice reform, and it needs to happen now. A bill outlawing juvenile life without parole-sentences is a critical reform and should be introduced again during the next session for reconsideration.
This bill would provide for the resentencing and release of juveniles sentenced to life without parole. This would significantly reduce the burden these sentences have on the Georgia Department of Corrections, capacity-wise and fiscally. It would also allow these people to access rehabilitation resources and reintegrate themselves into their communities.
Banning life without parole for children is the right decision, with science and data to prove it. Georgia needs to follow other states in doing so, and it needs to happen now.
Sophie Dechant is a second-year at the University of Georgia studying political science and economics. She is a member of our criminal justice group.