Cruel and Unusual? Exploring JLWOP Sentencing

1344 Words3 Pages

The JLWOP sentence (or juvenile life without parole) has been the topic of controversy lately. Many have battered the issue back and forth, based on the morality level of American society. Should juveniles be sentenced to life without parole? In some cases people are viewing children in our society as less than competent, despite the majority of countries around the world that view adulthood as beginning shortly after puberty. It is impossible to deny the emotional and physiological differences between adolescents and adults. However, I think that despite these natural changes we go through as humans, occasionally there are deformities that can be the cause of some to deviate from this natural pattern of progression. I believe in some cases, once a juvenile has crossed the line of murder and victimization, there is very little anyone can do to prevent it from happening again. Because of this, I support JLWOP sentencing when the psychological stability of the juvenile is compromised.

The JLWOP sentence is a sentencing guideline that is being debated by the Supreme Court following the ruling against children receiving the death sentence in 2003. The Supreme Court ruled that death sentences for minors were deemed “cruel and unusual punishment” and violated the Eighth Amendment of the constitution. The Supreme Court is now looking to the JLWOP with a moral parameter based on that 2003 ruling, attempting to decide whether or not JLWOP is considered unconstitutional by means of being cruel and unusual. In order to determine cruel and unusual punishment, the Supreme Court would have to find that JLWOP was excessive and disproportional to the crime of a juvenile. In rare cases, it is the only option for some young people today, despite...

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...ders committed by juveniles that do not warrant this sentencing. Rather, the juvenile court system should view each case individually, despite the charge and make the best decision for the offender, the victims and the community. If the JLWOP continues to be mandated, society in general should demand stringent guidelines to ensure we are not punishing the adults of tomorrow, but rather to keep society safe from those individuals that pose a lifelong threat.

Works Cited

Lockup: Hollman. Dir. Hillary Heath for MSNBC. Perf. Kenny Loggins. 2006.

M.D., Dr. Glen Gabbard. Treatment of Psychiatric Disorders Third Edition. Washington DC: American Psychiatric Publishing, 2001.

Sukhoi, Yevgney. Killing for Kicks, Youth Confess to 21 Murders. Moscow: Russia Today, 2008.

Totenberg, Nina. "Supreme Court Ends Death Penalty for Juviniles." National Public Radio. 2005.

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