Applauds the Supreme Court's decisions in Roper v. Simmons, Graham v. Florida, and Miller v. Alabama to strike down the death penalty, the use of life without parole sentences for non-homicide offenses, and the use of mandatory life without parole sentences for children in the United States.
Applauds the states of Texas, Nevada, Wyoming, Kentucky, Kansas, Colorado, Montana, Alaska, Hawaii, Delaware, Massachusetts, Vermont, Connecticut, West Virginia, California, Florida, and Washington for recent legislative changes that eliminated life without the possibility of release or parole sentences for children convicted of serious crimes. Encourages other state legislatures to eliminate extreme sentences for children convicted of serious crimes.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 382 Introduced in House (IH)]
114th CONGRESS
1st Session
H. RES. 382
Expressing the need to eliminate life without parole for children.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2015
Mr. Cardenas submitted the following resolution; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
RESOLUTION
Expressing the need to eliminate life without parole for children.
Whereas approximately 2,500 individuals in the United States have been sentenced
to die in prison for crimes committed as children;
Whereas the United States is the only country in the world that imposes life
without the possibility of release or parole sentences on children;
Whereas the United States, along with South Sudan, are the only United Nations
Member States that have not ratified the Convention on the Rights of the
Child which prohibits the use of the death penalty and life without the
possibility of release sentences from being imposed on children under 18
years of age;
Whereas a life without the possibility of release or parole sentence is a final
judgment that disregards children's unique capacity to grow and change
as they mature into adulthood;
Whereas studies have shown that children's brains are not fully developed and as
a result, children are less capable than adults to consider the long-
term impact of their actions, control their emotions and impulses, or
evaluate risks and reward;
Whereas fundamental differences between juvenile and adult brains make children
uniquely capable of long-term growth, rehabilitation, and change as
their brains mature over time;
Whereas the vast majority of children who commit crimes age out of criminal
behavior and no longer pose a threat to society in adulthood;
Whereas the United States recognizes that children are different from adults by
the limitations society places upon them;
Whereas children are not allowed to enter into contracts, purchase or consume
tobacco and alcohol, vote, serve in the military, or engage in other
adult activities;
Whereas the only area where the United States does not treat children different
from adults is in criminal sentencing laws;
Whereas children sentenced to life without the possibility of release or parole
are most frequently the most vulnerable members of United States
society;
Whereas studies show that nearly 80 percent of juvenile lifers reported
witnessing violence in their homes and more than half (54.1 percent)
witnessed weekly violence in their neighborhoods;
Whereas in addition, 50 percent of all children sentenced to life in prison
without the possibility of parole have been physically abused and 20
percent have been sexually abused as a child;
Whereas Black children are 10 times more likely to receive a life without the
possibility of release or parole sentence;
Whereas 14 States including Texas, Nevada, Wyoming, Kentucky, Kansas, Colorado,
Montana, Alaska, Hawaii, Delaware, Massachusetts, Vermont, Connecticut,
and West Virginia have all eliminated life without the possibility of
release or parole sentences for all children under 18 years of age in
the last several years;
Whereas 3 other States including California, Florida, and Washington have
eliminated life without the possibility of release or parole for most
children under 18 years of age in the last several years;
Whereas the American Bar Association passed Resolution 107C earlier this year
calling on the Federal Government and all State governments to
retroactively abolish life without parole sentences for children;
Whereas the United Methodist Church and the Catholic Church have called for an
end to life without the possibility of release or parole sentences for
children;
Whereas 10 years ago the United States Supreme Court in Roper v. Simmons struck
down the death penalty for children under 18 years of age;
Whereas 5 years ago the United States Supreme Court in Graham v. Florida struck
down the use of life without the possibility of release or parole
sentences for non-homicide crimes committed by children under 18 years
of age; and
Whereas 3 years ago the United States Supreme Court in Miller v. Alabama struck
down the use of mandatory life without parole sentences and required
sentencing bodies to consider the mitigating factors of youth anytime a
child faces a potential life sentence: Now, therefore, be it
Resolved, That the House of Representatives--
(1) applauds and celebrates the anniversary of the
decisions by the Roper, Graham, and Miller courts for striking
down the death penalty and use of life without parole sentences
for non-homicide offenses and mandatory life without parole
sentences for children in the United States;
(2) applauds and celebrates the State of Texas, Nevada,
Wyoming, Kentucky, Kansas, Colorado, Montana, Alaska, Hawaii,
Delaware, Massachusetts, Vermont, Connecticut, West Virginia,
California, Florida, and Washington for recent legislative
changes that eliminated life without the possibility of release
or parole sentences for children convicted of serious crimes in
their jurisdictions; and
(3) encourages other State legislatures to recognize the
differences between children and adult offenders and eliminate
extreme sentences, like life without parole, for children
convicted of serious crimes.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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