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A retired Florida appeals court judge, John R. Blue, did not see it
that way. “To lock them up forever seems a little barbaric to me,”
said Judge Blue. “It just seems to me that if you are going to put
someone who is 13 or 14 or 15 or 16 or 17 into prison, you ought to
leave them some hope.”
Several factors in combination - some legal, some historical, some
cultural - help account for the disproportionate number of juvenile
lifers in Florida.
The state’s attorney general, Bill McCollum, explained the roots of the state’s approach in the first paragraph of his brief in Graham’s case.
“By the 1990s, violent juvenile crime rates had reached
unprecedented high levels throughout the nation,” wrote McCollum.
“Florida’s problem was particularly dire, compromising the safety of
residents, visitors and international tourists, and threatening the
state’s bedrock tourism industry.” Nine foreign tourists were killed
over 11 months in 1992 and 1993, one of them by a 14-year-old.
Snyder, the state legislator, put it this way: “Instead of the Sunshine State, it was the Gun-shine State.”
In response, the state moved more juveniles into adult courts, increased sentences and eliminated parole for capital crimes.
Thomas K. Petersen, a semi-retired judge in Miami who spent a decade
hearing cases in juvenile court, said that the state’s reaction was out
of proportion to the problem and that it has lately failed to take
account of changed circumstances.
“Back in the 1990s, there were dire predictions about teenage
super-predators, particularly in Florida,” said Judge Petersen.
“Florida, probably more than other places because of that rash of
crimes, overreacted. It was a hysterical reaction.”
“People still go around saying things have never been worse,” he
added. “But violent juvenile crime has gone down even as the juvenile
population has grown.”
The state’s brief in Graham’s case said juvenile crime fell 30
percent in the decade ended in 2004. It attributed the drop to its
tough approach to the problem.
Shay Bilchik, who served as a state prosecutor in Miami from 1977 to
1993 and is now the director of the Center for Juvenile Justice Reform
at Georgetown University,said the state took a wrong turn.
“We were pretty aggressive in those years in transferring kids into
criminal court,” said Bilchik. “There was a feeling that we needed
to protect our streets.”
He said later research convinced him that his office’s approach was
much too aggressive and had not served to deter crime. “My biggest
regret,” said Bilchik, “is that during the time I was in the
prosecutor’s office, we were under the false impression that we were
insuring greater public safety when we were not.”
Sullivan, now 34, had committed a string of crimes by the time
he was charged with raping a 72-year-old woman after a burglary in 1989
in Pensacola. Graham, now 22, was sentenced to a year in jail and
three years of probation for a 2003 robbery of a barbecue restaurant in
Jacksonville, during which an accomplice beat the manager with a steel
bar. Graham was sentenced to life in 2005 for violating his
probation by committing a home invasion robbery with two others when he
was 17.
Concern about tourism continues to drive crime policy in the state,
said Kathleen M. Heide, a professor of criminology at the University of
South Florida. “We’re at the more extreme level,” she said, “because
our economy is so tied up with people coming here on vacation and
feeling safe. And older people want to live out their retirements here
and be safe.”
There are, according to a brief filed in the cases by human rights groups and foreign bar associations,
more than 2,500 juvenile offenders in the United States serving
sentences of life without the possibility of parole, mostly for murder.
This country is alone, the brief said, in imposing the punishment for
juvenile offenses. (The maximum sentence in Germany, for instance, for
any crime committed by a juvenile is 10 years. In Italy, it is 24
years.)
Florida is one of eight states with juvenile offenders serving life
sentences without the possibility of parole for nonhomicide crimes,
according to a report prepared by Professor Annino and two colleagues at Florida State.
Louisiana has 17 such prisoners; California, Delaware, Iowa,
Mississippi, Nebraska and South Carolina have the rest.
The number of such sentences in Florida was greater in the decade
that ended in 2008 than in the decade before. The state sentenced nine
juvenile offenders for nonhomicide crimes to life without parole in
2005 alone.
“We’re just so far out from everyone else,” said Professor Annino.
“These are 77 children who didn’t kill anyone. We’re unique, and we’re
out of step with the rest of the country.”
Snyder, the state legislator, said finding the right balance in
addressing juvenile crime was difficult but should be left to the
states. “People do things at 16 and 17 that they wouldn’t do at 37, but
they spend a lifetime paying for it,” he said. “But we have to create
an environment where our children are safe and our elderly are safe.”
Intellpuke: You can read this article by New York Times staff
writer Adam Liptak, reporting from Tallahassee, Florida, in context
here:
www.nytimes.com/2009/11/08/us/08juveniles.html?hp=&adxnnl=1&adxnnlx=1257620574-X+iYgLMY/zyA9mm07/CxDg
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