By James Adrian
How can children be our future if they are left with no hope? The Michigan legislature has passed a bill that allows juvenile lifers to receive a sentence of 25-40 years of incarceration with a 60 year maximum.
The problem with this legislation is that the law does not apply retroactively meaning the law only affects juveniles after the 2012 ruling, not before. This decision is more harmful than helpful. It allows the state to impose unconstitutional punishment on some people, but not others. We are dealing with an issue of what makes a rule unconstitutional. This is not a procedural rule, it is simply common sense. If a sentence is found to be unconstitutional today, why would it not have been unconstitutional 10 or 15 years ago? Many House and Senate representatives have voiced their displeasure with this proposed legislation.
Representative Joe Haveman has been one of the most vocal to express the unfairness of treating post-2012 juvenile felons differently than their predecessors. The majority of the legislature is simply passing the buck and not addressing the problem directly.
When will the issues we face today be dealt with accordingly? The 350 juveniles will have to wait for either the Federal or State Supreme Court Justices to force the legislature to include us. The mind set of many juveniles has been filled with hopelessness, despair and frustration from the lack of any bright spot in our lives. We are not monsters despite the picture Attorney General Bill Schuette’s campaign protrays. Its a blunt impact of the high court’s 2012 ruling that Miller vs. Alabama should be applied retroactive.
I don’t believe that the leaders of this great nation can simply stand by and allow this grave injustice to continue without notice. We have to look at the Eighth Amendment of the U.S. Constitution and analyze just what cruel and unusual punishment means. Cruel means causing pain and suffering to others. Unusual means uncommon or rare. Punishment means retributive suffering, pain or loss, or rough treatment. Society puts so much caution on how to handle children and the care that is involved in their development, so why not now? Why not us? The Roper decision affects juveniles that were on death row are now no longer on death row. They did not say those who were on death row will remain and everyone after them will get relief.
In Miller vs. Alabama, the court referenced many juveniles this ruling would effect. They estimated about 2,500-4,000. This is clearly making reference to the ruling being applied retroactively because you would not make this assumption without taking into account the juveniles suffering now. This also opens the door for rehabilitation and the evolving standards of decency that marks the progress of a maturing society. United States history has been founded on second chances and no child left behind. If 16 year-old Matilyn Sarosi, a student at Father Gabriel Richard High School, and over 170 of her fellow students who have never had any run-ins with the law can relate to our conditions, who can’t?
There are 27 former correction officials and one current warden who just recently held a meeting to discuss the parole review process for prisoners serving life sentences. The overwhelming response was that the system has changed unfairly over the years to prevent low-risk, rehabilitated parole-eligible prisoners from earning their freedom. Who better to express the conditions of the parole process then those who lived, breathe and walked these oppressing prison yards of incarceration than former directors, wardens, parole board members, and resident unit managers. These were the officials of authority who society entrusted to perform a duty and even they can see the disparity in the parole process for juvenile lifers. It seems to me that everyone is on the same page except Attorney General Bill Schuette, I hope and pray that the Supreme Court will listen to the voice of reason and what society has to say. There is no better sense than “common sense.”
He started writing poetry in 2010 and has been involved in many readings and contests. He wants a second chance to show that he has changed and will be a dependable, responsible and trustworthy individual if released back into society.
James Adrian was incarcerated at the age of 17 for felony murder. James helped create the Juvenile Initiative Program, which interacts with youth offenders to deter them from going down the same path he did. He is an active member of the National Lifers of America Inc. and the NAACP, in which he services the community by helping with fundraisers to generate funds to donate items to battered women in homeless shelters and needy children.
This was printed in the March 23, 2014 – April 5, 2014 edition.
