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Study: Parole should be option for juveniles serving life sentences
By Kenneth Lowe
kenneth.lowe@lee.net
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SPRINGFIELD — A study released Wednesday urges the state of Illinois to do away with sentencing juveniles to life in prison without the possibility of parole.

The Illinois Coalition for the Fair Sentencing of Children released the report. The coalition, which includes law firms, law schools, and human rights organizations, identified 103 people in Illinois prisons who were sentenced to life without possibility of parole when they were minors.

Rich Klawiter, a Chicago attorney and member of the coalition, said neurological and psychological studies show that sentencing minors to life imprisonment is inappropriate.

“Children are simply less culpable than adults,” Klawiter said. “Because they are not yet fully formed, children are capable of change and rehabilitation and reform.”

The study also determined that of those inmates studied, 79 percent were given a required sentence of life without parole without any chance for a judge to consider their individual circumstances.

Illinois law requires juveniles to be sentenced to life without parole in cases involving multiple murder, the killing of a police officer, or the killing of a child during the course of a sexual assault or kidnapping.

“There is a common misconception that a life sentence means only 20 years or so,” Klawiter said. “Children who are sentenced to life serve life without parole. They are deemed without redemption.”

The study also stressed the need to examine another part of the law that requires those deemed “accountable” in a crime be punished with the same severity as those who committed the crime.

Randolph Stone, a University of Chicago law professor with the coalition, explained some of the problems with the way Illinois law treats those deemed accountable in crimes, such as lookouts or drivers of getaway cars who might have been unknowing participants.

“Even though the juvenile may not have pulled the trigger or actually harmed anybody directly, they could be accountable for the actions of others and the judge can only impose one sentence – mandatory life without parole,” Stone said.

The report cited a handful of examples of such convictions, but no data on that type of conviction in Illinois were included in the report.

A proposal working its way through the General Assembly would allow juveniles serving life without parole to apply for a parole hearing after 10 years in jail.

State Rep. Robert Molaro, D-Chicago, who sponsored the proposal, said the legislation is intended only to give juveniles sentenced to life without parole a chance to be heard, not to simply release them.

“Should we not hold hearings to see what the public policy of the state should be when it comes to these minors?” Molaro said. “Should we look at [an inmate] when he’s 45, 50 years old and see if he’s a different person?”

Jennifer Bishop-Jenkins is the sister of a victim killed by one of the inmates in the study. In a statement, Bishop-Jenkins said the study left out family members of the victims and is flawed in its aims.

“There are serious questions we have about how the report is written — from misinterpreted data to exaggerated claims to outright misstatements,” Bishop-Jenkins said in the statement.

Bishop-Jenkins’ sister, Nancy Bishop-Langert, was killed by David Biro in 1990, along with Bishop-Langert’s unborn child and husband. Biro was 16 years old at the time, and now serves a sentence of life without parole at Stateville Correctional Center.

“Advocates for the bill… have given no notice whatsoever to the hundreds of potentially affected victims’ families, even though it would doom them to a lifetime of parole hearings which they were promised they would never have to endure,” Bishop-Jenkins said.

Molaro said the proposal will take into consideration the rights of victim’s families.

“I think victims rights groups may say they’re against the bill as written, but they should never be against hearings,” Molaro said.

Klawiter said he recognized the difficulty for families of victims.

“We see their input as invaluable and ongoing,” Klawiter said. “Our goal now is to simply send the message that life without parole is an unacceptable sentence for children.”

The legislation is House Bill 4384.

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Reader comments on this story - 10 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

Statement wrote on Feb 17, 2008 1:15 PM:

" I am all for the death penalty. More should be on death row. "

Stop Bill 4384 From Passing wrote on Feb 14, 2008 7:58 PM:

" Please write letters to:
Representative Robert S. Molaro 94th General Assembly 21st District -
Springfield Office: 245-E Stratton Office Building Springfield, IL 62706 (217) 782-5280 &
District Office: 6245 S. Archer Avenue Chicago, IL 60638
(773) 838-1212
(708) 354-0743 FAX
Cook County

PLEASE HELP WITH THIS 103 FAMILIES ARE COUNTING ON IT! "

Stop House Bill4384 wrote on Feb 14, 2008 7:58 PM:

" Please help stop this Bill from being passed in Illinois! We have to be the voices for the real victims here, those murdered! My 13 yr old brother and his 12yr old freind were murdered by "juveniles", in June 2000. They were good boys, honor students with the future ahead of them. This is such devistating news, to think these murderers could go from a life sentence to being set free in just a few more years! We are the real victims not the murderers behind bars. Could you imagine how crime would sky rocket if this passes? Gangs will have a field day, knowing if they get caught for murder, they will get a slap on the wrist. Let them reform themselves in prison, and stay there until the end of their days. At least they are still breathing and have some what of a life to live. Their parents can visit them, touch them and tell them they love them from behind bars when the families they've torn apart have to speak to a picture, or a gravestone.


"

Spooky wrote on Feb 14, 2008 12:15 PM:

" This justice system has some serious issues, mainly the lack of ability to prosecute criminals. There was an article the other day which referred to a former "death row inmate". In my mind that translates to a corpse, not a guest speaker! "

LIBERALS- wrote on Feb 14, 2008 11:56 AM:

" Liberal bleeding hearts in America- The downfall of our great country. A juvenile can hurt and kill you just as much as an adult will. No difference. Just because they haven't " lived " their life as long as others doesn't mean that they won't kill you. Just as prison's are called " correctional " centers instead of prison or jails. Our do gooder society of liberal thinking will never understand crime and punishment for violent offenders. The same type of thinking goes for the death penalty and why it is a deterrent. "

Death penalty wrote on Feb 14, 2008 10:11 AM:

" We need to bring back the death penalty. No one cares because they can go on a killing spree and know they will not face the same end by our current system. "

Don't do wrote on Feb 14, 2008 9:50 AM:

" the crime if you can't do the time - don't do it !! I love old TV shows they sent a good message! "

The legislature wrote on Feb 14, 2008 9:48 AM:

" already acted on this. THey passed a law saying thosed convicted of these nasty crimes should not be paroled. Only the worst offenders get this punishment. This law professor said the childeren who get this sentence are "deemed without redemption." Redemption?! THat's not ours to give. Punishment and deterrent. That's what this needs to be about. Parole hearing after 10 years? I don't care what's changed in that 10 years. Keep them locked up where they belong. "

herman jacobs wrote on Feb 14, 2008 8:17 AM:

" life without the chance to kill agian is what is is meant for maybe we should start the death penalty more in all cases of murder and maybe it will slow the murder rate and make it swift and final "

Inappropriate? That's wrote on Feb 14, 2008 6:09 AM:

" a word that is thrown around a lot more than it used to be. In this case, I have to ask "Is it NOT inappropriate for juveniles to kill people?" More and more the laws are excusing the criminals! What about the VICTIMS - THE REAL VICTIMS? Where is THEIR JUSTICE? I am SICK of these juveniles running amuck and being pampered. If they don't care that they will have life behind bars, then I don't care either. They need to KNOW that they have to pay consequences for their actions and these lax laws will not teach other juveniles NOT to do these things. "
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