Critical Thinking Paper

Asha Baron

CAP English 9

Blue Group

May 7, 2018
 The United States is the only developed country that sentences people to life in prison

without the possibility of parole for crimes they committed before they turned eighteen.

Currently, there are about 2,500 juvenile offenders serving life in prison. Since 2005, The United

States Supreme Court has made an effort to make punishments for juvenile offenders less harsh.

They have recognized science surrounding adolescents brains, and have banned the use of

mandatory life sentencing for juveniles. Despite this, only twenty of the states in the United

States, and Washington D.C., have banned the sentencing of life in prison without possibility of

parole for juvenile offenders. Maryland is not one of the states that has banned the mandatory

life sentencing for juvenile offenders. The State of Maryland must create a law that bans the

sentencing of juveniles to life in prison without possibility of parole because minors are more

prone to do reckless things because their brains aren’t fully developed, sentencing juveniles to

life in prison without possibility of parole is a violation of the eighth amendment, many children

are able to grow out of their violence, and when sentenced as adults, juveniles learn nothing

other than how to become better criminals

The brains of juveniles aren’t fully developed, therefore, juveniles are more prone to do

reckless things. The human brain isn’t fully developed until around the age of twenty five. Many

teens struggle with impulsivity, as “impulsivity is often related to deficits in the prefrontal

cortex. The ability to maintain self-discipline and avoid impulsive behaviors hasn’t reached its

peak until the 20s”("At What"). Many teenagers lack the ability to think long and hard about a

decision before they make it. They are more prone to making impulsive decisions, not realizing

that their decisions may have consequences in the future. Teenagers are also more prone to

justify their behaviors “ based off of emotions rather than logic”("At What"). Juveniles will
likely to do something in the heat of the moment when they feel angry They will often neglect

using logic, not understanding that their anger doesn’t justify committing a crime. In addition,

because their brains aren’t fully developed, minors are also more susceptible to peer pressure.

Steinberg claims that new brain research “gives credence to the idea that this isn’t a choice that

kids are making to give in to their friends, that biologically, they’re more vulnerable to

that”("Teens' Brains"). Teens are at a higher risk to give into peer pressure. If a teens friend dares

them to commit a crime, they are more likely to commit that crime than an adult because their

brains aren’t as developed as that of an adult. Teens shouldn’t be punished the same as adults

because they can’t control their impulsivity as much as adults can.

It is unconstitutional to sentence juveniles to life in prison without possibility of parole.

The eighth amendment to the United States constitution states that, “Excessive bail shall not be

required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”(Stevenson

and Stinneford). Punishing juveniles by giving them a sentence to life in prison without

possibility of parole is a violation of the eighth amendment. New research done on the

development of adolescent brains confirms “common sense understanding that children are

different from adults in ways that are critical to identifying age appropriate criminal

sentences”(Rovner). Due to the differences in the brains of adults and adolescents, it is unjust to

punish them in the same way. Adults have more of an understanding of what they are doing,

therefore they deserve a more severe punishment. Children aren’t able to fully understand how

their decisions will play a part in the rest of their lives, and therefore shouldn’t be punished as

harshly. In the case of Miller versus Alabama, Justice Elena Kagan wrote the majority opinion.

In it, she wrote, “Mandatory life without parole for a juvenile precludes consideration of his
chronological age and its hallmark features—among them, immaturity, impetuosity, and failure

to appreciate risks and consequences. It prevents taking into account the family and home

environment that surrounds him—and from which he cannot usually extricate himself—no

matter how brutal or dysfunctional”("U.S. Supreme"). Mandatory life sentence for a juvenile

offender is unjust because it often doesn’t take into account factors such as the immaturity of

juveniles, the impulsiveness of children, and the lack of ability to understand long term

consequences. Mandatory sentencing also tend to neglect the environment in which the offender

was raised. Teens aren’t able to control the environment in which they were raised, or the family

that they were born into, but those things often have an effect on who they grow up to be. If teens

grew up in a more violent area, they are more likely to commit a violent crime. It is cruel to

punish juveniles so harshly without taking into account that they can’t control some of the

factors that may lead them to commit such a violent crime.

Children are able to change their behavior, and many youth who are violent grow out of

their violence. Not all violent children grow up to become violent adults. Although many kids

may display violent behavior, “a violent adolescent doesn’t necessarily become a violent adult.

Some two-thirds to three-quarters of violent youth grow out of it…”(Ritter). Juveniles who

commit violent crime don’t always grow up into violent people. According to University of

Emory psychiatrist Peter Ash, violence “tends to peak in adolescent years”(Ritter). When kids

are between the ages of ten and nineteen, they tend to be more violent towards other people.

After their teenage years, many kids become less violent, and are able to make more rational

decisions. Teens are also more prone to have aggressive behavior than adults. Adults are less

likely to feel some of the strong emotional reactions that many teens feel because “When the
prefrontal cortex is fully developed, it dictates an appropriate response to the hormones, usually

ignoring the amygdala and preventing outbursts or anger. The problem is that the prefrontal

cortex doesn’t fully develop until the mid-20s for many individuals. Until then, the amygdala has

the power to dictate responses to the hormonal rush”("Teen Anger"). The prefrontal cortex in

teenagers brains aren’t fully developed, so they aren’t able to control their emotions as well as

adults. When teenagers grow up, their brains develop more and they become more able to control

their emotional reactions to certain events. Over time, as teens brains develop, they are able to

outgrow their violent reactions and are able to prevent their outbursts of anger. As they become

adults, teens start to think more about what they are doing, and are able to control themselves so

they don’t commit as many acts of violence as they did when they were younger.

When sentenced as adults, juveniles learn nothing other than how to become better

criminals. Throwing juveniles in a jail rather than a rehabilitation center doesn’t help them

because they don’t have the opportunity to learn how to change. According to an article in the

Washington Post by Brad Plumer, “Not only does throwing a kid in detention often reduce the

chance that he or she will graduate high school, but it also raises the chance that the youth will

commit more crimes later on in life”(Plumer). When juveniles get thrown into a prison they often

don’t have the opportunity to finish high school, so they often turn to the adults in prison to teach

them things. Since the adults are more experienced criminals than the youth, they often teach

them how to commit worse crimes. When juveniles first get to prison, they are “spending a lot of

time around other criminals, seasoned veterans who know the lay of the land” and the other

criminals can teach the juveniles “the mechanisms — ways to get away with crime”(Vedantam).

Since the teen brain isn’t fully developed yet and still needs to learn many of the juveniles will
absorb everything that the older criminals tell them. If these juveniles ever get released back into

society, they are more likely to commit more dangerous crimes. This is bad for the society

because it can put the juvenile's life in danger and it can also put other people’s lives who are

living in that society in danger.

Supporters of life without parole for juveniles argue that the United States needs to teach

juvenile offenders a lesson for the crime(s) they committed. Proponents argue “it is important to

punish the worst juvenile offenders harshly in order to establish forcefully that the U.S. does not

tolerate youth crime“("Sentencing Juveniles"). People believe that juveniles need to understand

that their actions have consequences and that the laws of the United States are not a joke, and

need to be followed by all of its citizens. Although juveniles do need to understand that their

actions may have serious consequences, they deserve a second chance to learn from their

mistakes and not make the same ones again. The part of a child’s brain that determines right

from wrong and judges long term consequences of actions isn’t fully developed yet, so children

have a harder time judging the consequences of their actions. The prefrontal cortex of the brain

controls risk management, which is “The ability to assess risky situations and determine whether

they will result in long-term benefit”("At What"). Many juveniles don’t have the ability or

judgment to assess a situation and determined whether the situation will be beneficial or harmful

to them in the future. Supporters of life without parole for juveniles also argue that juvenile

offenders are dangerous, and need to be locked up. Supporters of laws created in the 1990s that

make it easier for judges to give sentences of life without parole to juveniles argue that the laws “

helped make the U.S. safer by removing dangerous criminals from the streets before they had a

chance to commit even more brutal crimes”("Sentencing Juveniles"). Many people believe that
juveniles need to be taken away fro communities because they are a threat; and, that if they stay

on the streets any longer, they may have the chance to commit more crimes, and harm more

people. Although some juvenile offenders can be a threat to others, many of them have the

ability to change their behavior. According to an LA Times article by Miriam Aroni Krinsky,

“Experts confirm that youths have greater potential for reform than adults; in many cases, young

people "age out" of the type of behavior that leads to crime”(Krinsky et al.). Teens are more able

to change their violent behavior than adults do. They are not defined by the crimes they commit,

and therefore don’t deserve to be locked in prison for the rest of their lives because of them.

Over the past thirteen years, there has been a conscious effort in the United State to

lessen the punishment for juvenile offenders. About 2,100 people serving life sentences for

crimes they committed before they turned eighteen now have the possibility of release. The

Supreme Court has looked at studies that show adolescent brain development and taken the

studies into account when ruling in their cases. Cases such as Miller versus Alabama and Jackson

versus Hobbs have helped push the Supreme Court to give less severe punishments to juvenile

offenders. In the case of Graham versus Florida, the Supreme Court “banned the use of life

without parole for juveniles not convicted of homicide. The ruling applied to at least 123

prisoners – 77 of whom had been sentenced in Florida, the remainder in 10 other

states”(Rovner). Despite the many efforts made by the Supreme Court thirty states, including the

state of Maryland, still allow juveniles to be sentenced to life in prison without the possibility of

parole. The State of Maryland must create a law that bans the sentencing of juveniles to life in

prison without possibility of parole because minors are more prone to do reckless things because

their brains aren’t fully developed, sentencing juveniles to life in prison without possibility of
parole is a violation of the eighth amendment, many children are able to grow out of their

violence, and when sentenced as adults, juveniles learn nothing other than how to become better

criminals
 Works Cited

"At What Age Is the Brain Fully Developed?" ​Mental Health Daily​,

mentalhealthdaily.com/2015/02/18/at-what-age-is-the-brain-fully-developed/.

Accessed 19 Mar. 2018.

"Teens' Brains Key to Their Impulsiveness." ​CBS News​, The Associated Press, 7

Dec. 2013, www.cbsnews.com/news/teens-brains-key-to-their-impulsiveness/2/.

Accessed 19 Mar. 2018.

Stevenson, Bryan A., and John F. Stinneford. "National Constitution Center."

​The Eighth Amendent​, constitutioncenter.org/interactive-constitution/

amendments/amendment-viii. Accessed 19 Mar. 2018.

Rovner, Josh. "Juvenile Life without Parole: An Overview." ​The Sentencing

​Project​, 13 Oct. 2017, www.sentencingproject.org/publications/

juvenile-life-without-parole/. Accessed 19 Mar. 2018.

"U.S. Supreme Court: Prior Finding That Mandatory Life without Parole Sentences

for Youth Are Unconstitutional Now Found Retroactive." ​Juvenile Law Center​,

25 Jan. 2016, jlc.org/blog/

us-supreme-court-prior-finding-mandatory-life-without-parole-sentences-youth-are-

unconstitution. Accessed 19 Mar. 2018.

Ritter, Malcolm. "Experts Link Teen Brains' Immaturity, Juvenile Crime." ​ABC

​News​, abcnews.go.com/Technology/story?id=3943187&page=1. Accessed 19

Mar. 2018.
"Teen Anger & Aggression ​ Causes & Treatment." ​Rawhide​, Rawhide Boys Ranch, 18

Sept. 2015, www.rawhide.org/blog/wellness/

teen-anger-aggression-causes-treatment/. Accessed 19 Mar. 2018

"Sentencing Juveniles to Life Without Parole: Should judges sentence the worst

juvenile offenders to life in prison without parole?" ​Issues and

​Controversies​, 21 Aug. 2009, icof.infobaselearning.com/articles/

crime,-law,-and-justice/

sentencing-juveniles-to-life-without-parole.aspx?sln=1&hd=1694. Accessed 19

Mar. 2018.

Krinsky, Miriam Aroni, et al. "Youthful Offenders Deserve a Second Chance."

​Los Angeles Times​, 2 June 2010, articles.latimes.com/2010/jun/02/opinion/

la-oe-krinsky-sentences-20100602. Accessed 19 Mar. 2018.

Plumer, Brad. "Throwing Children in Prison Turns out to Be a Really Bad Idea."

​The Washington Post​, 15 June 2013, www.washingtonpost.com/news/wonk/wp/

2013/06/15/throwing-children-in-prison-turns-out-to-be-a-really-bad-idea/

?utm_term=.0a6b2eec1e97. Accessed 6 May 2018.

Vedantam, Shankar. "When Crime Pays: Prison Can Teach Some to Be Better

Criminals." ​National Public Radio​, npr, 1 Feb. 2013, www.npr.org/2013/02/01/

169732840/when-crime-pays-prison-can-teach-some-to-be-better-criminals.

Accessed 6 May 2018.

 Annotated Bibliography

"At What Age Is the Brain Fully Developed?" ​Mental Health Daily​,

mentalhealthdaily.com/2015/02/18/at-what-age-is-the-brain-fully-developed/.

Accessed 19 Mar. 2018. This site helped me support my argument. It provided

information about the development of the brain.

"Teens' Brains Key to Their Impulsiveness." ​CBS News​, The Associated Press, 7

Dec. 2013, www.cbsnews.com/news/teens-brains-key-to-their-impulsiveness/2/.

Accessed 19 Mar. 2018. This site helped support my thesis. It provided

information on the youth brain and impulsiveness in teenagers.

Stevenson, Bryan A., and John F. Stinneford. "National Constitution Center."

​The Eighth Amendent​, constitutioncenter.org/interactive-constitution/

amendments/amendment-viii. Accessed 19 Mar. 2018. This site helps support my argument.

It provided information on the eighth amendment.

Rovner, Josh. "Juvenile Life without Parole: An Overview." ​The Sentencing

​Project​, 13 Oct. 2017, www.sentencingproject.org/publications/

juvenile-life-without-parole/. Accessed 19 Mar. 2018. This site helped support my claim. It

provided information on many of the different Supreme Court cases having to do with juvenile

sentencing.

"U.S. Supreme Court: Prior Finding That Mandatory Life without Parole Sentences

for Youth Are Unconstitutional Now Found Retroactive." ​Juvenile Law Center​,

25 Jan. 2016, jlc.org/blog/

 us-supreme-court-prior-finding-mandatory-life-without-parole-sentences-youth-are-

unconstitution. Accessed 19 Mar. 2018. This site helped support my thesis. It provided

information on the opinion of Supreme Court Justice Elena Kagan in the case of Miller versus

Alabama.

Ritter, Malcolm. "Experts Link Teen Brains' Immaturity, Juvenile Crime." ​ABC

​News​, abcnews.go.com/Technology/story?id=3943187&page=1. Accessed 19

Mar. 2018. This website helped support my argument. It provided information on violence in

adolescents.

"Teen Anger & Aggression ​ Causes & Treatment." ​Rawhide​, Rawhide Boys Ranch, 18

Sept. 2015, www.rawhide.org/blog/wellness/

teen-anger-aggression-causes-treatment/. Accessed 19 Mar. 2018. This website helped

support my claim. It provided information on how angry teens can change and become less

violent.

"Sentencing Juveniles to Life Without Parole: Should judges sentence the worst

juvenile offenders to life in prison without parole?" ​Issues and

​Controversies​, 21 Aug. 2009, icof.infobaselearning.com/articles/

crime,-law,-and-justice/

sentencing-juveniles-to-life-without-parole.aspx?sln=1&hd=1694. Accessed 19

Mar. 2018. This site helped with my rebuttal. It provided information as to why juvenile

criminals should be sentenced to life in prison without possibility of parole.

Krinsky, Miriam Aroni, et al. "Youthful Offenders Deserve a Second Chance."

​Los Angeles Times​, 2 June 2010, articles.latimes.com/2010/jun/02/opinion/

 la-oe-krinsky-sentences-20100602. Accessed 19 Mar. 2018. This website helped support m

argument. It provided information about how children can change their behavior.

"A State-By-State Look at Juvenile Life without Parole." ​WTOP​, The Associated

Press, 31 July 2017, wtop.com/national/2017/07/

a-state-by-state-look-at-juvenile-life-without-parole/. Accessed 19 Mar.

2018. This website provided information on the laws for juvenile sentencing

in each state. It Also provided information as to how many juveniles are

currently serving life sentences in each state

Marimow, Ann E. "Teens Sentenced to Life in Prison Say Maryland’s Parole System

Is Unconstitutional." ​The Washington Post​, www.washingtonpost.com/local/

public-safety/

teens-sentenced-to-life-in-prison-say-marylands-parole-system-is-unconstitutional

/2018/02/06/

91f2dc72-0ab5-11e8-8890-372e2047c935_story.html?utm_term=.5a0991c55cd0.

Accessed 19 Mar. 2018. This website provides information about the parole

system in Maryland. It also provides information as to why the system is

unconstitutional.

"Susceptibility to Peer Influences (Psychosocial Development)." ​National

​Juvenile Defender Center​, njdc.info/

susceptibility-to-peer-influences-psychosocial-development/. Accessed 19

Mar. 2018. This website provided information on the susceptibility of

teenagers to peer pressure. It also included four studies to back up the

 claim that teens are are susceptible to fall for peer pressure.

Herald, Parent. "Teens More Aggressive, Agitated than Adults, More Prone to

Violent Behavior, Crimes." ​Parent Herald​, PARENT HERALD,

www.parentherald.com/articles/2943/20131112/

teens-more-aggressive-agitated-adults-prone-violent-behavior-crimes.htm.

Accessed 19 Mar. 2018. This website provided information about aggressive

behavior in teens. It also provided information as to how teens on average

are more aggressive than adults.

Jacobs, Tom, and Natalie Jacobs. ​Every Vote Matters​. E-book, Thomas A. Jacobs,

J.D., and Natalie C. Jacob, J.D. This book provided information about the

Supreme Court Case Miller versus Alabama.

Plumer, Brad. "Throwing Children in Prison Turns out to Be a Really Bad Idea."

​The Washington Post​, 15 June 2013, www.washingtonpost.com/news/wonk/wp/

2013/06/15/throwing-children-in-prison-turns-out-to-be-a-really-bad-idea/

?utm_term=.0a6b2eec1e97. Accessed 6 May 2018. This source helped support my

thesis. It provided evidence about why throwing kids in prison with adults

is not a good idea.

Vedantam, Shankar. "When Crime Pays: Prison Can Teach Some to Be Better

Criminals." ​National Public Radio​, npr, 1 Feb. 2013, www.npr.org/2013/02/01/

169732840/when-crime-pays-prison-can-teach-some-to-be-better-criminals.

Accessed 6 May 2018. This source provided evidence that supported my claim.

It talked about how teens only learn how to become worse criminals when
thrown in prison with adults.