I have always maintained that it makes little sense to set an arbitrary age delineation between juveniles and adults in the criminal justice system. In most states youths are juveniles if they are under 18, in Texas under 17, and in a few states, believe it or not, under 21.
It makes more sense to determine the maturity - capability of knowing right from wrong - of an offender under 18 before certifying him as a juvenile and it makes a lot more sense to look at the nature of the crime, as is being done in most states, to determine whether the offender should be tried as an adult.
In California, for instance, youths under the age of 18 can be tried as adults if in a "707 hearing" a juvenile court judge finds the individual charged "is not a fit and proper subject to be dealt with under the juvenile court law." The law stipulates five criteria, which call for judgments about the juvenile, including the "degree of criminal sophistication" and the particular alleged offense. In general, the law applies to those over 16 and under 18, but with some charges of murder or other heinous crimes, juveniles as young as 14 can be considered fit for trial as adults.
The bleeding hearts in California have been weeping and wailing for the juveniles in that state who have been sentenced to "life without the possibility of parole." The fact that the juvenile has been convicted of a cold-blooded murder does not deter liberal do-gooders from changing the law so that these monsters will once again see the light of day outside the prison walls.
California Senate Bill 399 was introduced by Senator Leland Yee, D-San Francisco/San Mateo. This bill would establish criteria to be used by the secretary of the Department of Corrections or the parole board for determining if a prisoner's sentence should be recalled when the defendant was under 18 years of age at the time of committing an offense for which the defendant was sentenced to life without parole. The bill would establish a procedure for reviewing those sentences and would apply retroactively.
In yesterday's PacoVilla’s Corrections blog, Paco reproduced a letter sent to California state senators by Maggie Elvey whose husband was brutally murdered by a 15-year old thug in 1993. I don’t see how any senator in his right mind could possibly support SB 399 after reading Maggie Elvey’s letter. But since most of them are "California-style" liberals, her words will probably fall on deaf ears.
Elvey's letter should be must reading for anyone concerned about the punishment of cold-blooded killers and especially for all those who seem to be more concerned for juveniles who have been sent to prison, than for their innocent victims. Here, from Paco’s blog, is that letter:
MAY 7, 2009
SB 399: OPPOSITION "The fair Sentencing for Youth Act"
So very Cruel to Victim Survivors & so cold blooded to be Retroactive
Dear Senator,
I am a survivor of a homicide victim, my husband of 29 years, Ross Elvey who was brutally beaten with a metal pipe on April 28, 1993 in Vista California, while being held down...Blood was under the shelves and half way up the walls. Then his business was robbed of 7 handguns. I must assume that being juveniles, they didn’t know what they wanted hand guns for. Maybe they needed hand guns to commit more murders. Ross had 25 skull fractures, a hole in his skull the size of a 50 cent piece that could not be put back together. He laid in a coma for 41 days before passing away on June 7, 1993. He would have been a vegetable if he had survived. And YES I have been told that he asked to be murdered as he owned a Gun Store. What a sick society we live in.
D. Miller, was 4 months short of 16, his street name was "Nine" as he could get Nine MM handguns for others. At 14 DM had supplied hand guns to two other 14 yr old juveniles who committed two other murders…he was never punished. Don’t tell me he didn’t know what he was doing. At 15 he helped in the murder of my husband, which was planned to be done on 4/27 but there were customers in the shop. D. Miller has been out of CYA for 6 years. As far as I am concerned he has had his 3rd strike and gets to start over.
K. Kirchner, 2 months over 16, street name of "187 INSANE" was tried as an adult after having a 707 hearing. The judge during the adult trial found him guilty of first degree murder with special circumstances and sentenced him to LIFE WITHOUT THE POSSIBILITY OF PAROLE (LWOP). He recently received another 25 to life sentence for trying to kill another inmate…now I suppose he should be set free as he probably didn’t understand what he was doing.
The supporters of SB 399 would like for you to believe that California sentences juveniles ages 13 through 17 to LWOP…the facts are; ONLY 16 thru 17 year old juveniles who have committed the most heinous, brutal 1st Degree Crimes with Special Circumstances are sentenced to LWOP and the judge still has the option to give them a sentence of 25 to life. 14 years through 15 are sentenced to 25 to life NOT LWOP.
Yes I am mad…when the killers of our loved ones were sentenced and we walked out of the court room, we figured we could try to get on with our live…that we had received some justice. We would not have to worry about the killer again. Guess we should have known better.
SB399 is a slap in the face to victims of juvenile crime…anything will be tried to release juveniles who have committed brutal violent murder. I sat through 2 trials and one 707 hearing and now I have to be looking over my shoulder everyday to make sure someone does not come along to try to release this sociopath killer.
For a survivor of a homicide victim, the pain never goes away; there is no closure until the day we are buried. To think that victims WILL NOT CARE if someone goes back and changes the sentence of the killer who brutally murdered their loved one without being notified, is APPALLING.
Have you even tried to find the victims families of the juveniles sitting with a LWOP sentence in California to see how they feel about this crazy idea? Well you don’t have to find me…I am watching you and all the others that are so concerned about the guilty killer.
Why have we become a society that feels more for the guilty killer then the innocent victim? Once the victim is buried, the perpetrator becomes the victim. What has happened to the word responsibility when you make a really bad choice? Why have we become a society that feels it is okay to murder someone and you can walk the streets again? Does the Murdered Victim get to walk the street again?
Why are our children not being taught what happens when they commit a crime? I spoke to 6 classes at a local high school last year, not one student knew what the felony murder rule was.
Our loved ones killer can be young or old it does not matter. Our loved ones are still dead, gone forever, never to get a second chance. But yet others are more concerned for the killers of our loved ones. Why don’t others have the same care and concern in their heart for the real victim and their families?
Putting a review, to a possible Parole Hearing into the LWOP sentence, IS changing LWOP for everyone. There is no longer a LWOP sentence. LWOP means, no review, no parole hearing, no release and being held responsible for First Degree Murder with Special Circumstances that you committed, were found guilty of by a judge or jury and sentenced to by a Judge. It is sure more then the victim received.
SB399 IS AN INJUSTICE AND RE-VICTIMIZATION TO VICTIM SURVIVORS IN THE STATE OF CALIFORNIA WHO ARE VICTIMS OF JUVENILE KILLERS SENTENCED TO LWOP. IT TRANSFERS THE LIFE SENTENCE TO THE VICTIM SURVIVORS.
PLEASE OPPOSE SB399. DON’T RE-VICTIMIZE THE VICTIM SURVIVORS!
Maggie Elvey
www.jlwopvictims.org / National Organization of Victims of "Juvenile Lifers."
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