JEFFERSON CITY — On Tuesday, Feb. 24, the Senate Judiciary and Civil and Criminal Jurisprudence Committee will hold a public hearing on Senate Bill 280, legislation sponsored by Sen. Joseph Keaveny, D-St. Louis, to change how Missouri punishes juveniles convicted of first degree murder. The legislation is part of a nationwide trend examining how criminal justice systems treat and rehabilitate juvenile offenders.
In 2012, the U.S. Supreme Court outlawed mandatory death sentencing for children in Miller v. Alabama, and called for age-appropriate sentencing for juveniles. Subsequent cases have clarified that courts must look at factors such as immaturity, impetuosity, failure to understand risks and consequences, family circumstances and peer pressure. An Iowa Supreme Court case ruled that life without parole of 35 years for juveniles violates Miller.
Since, three states have adopted legislation outlawing life without parole sentences entirely, and seven establishing greater restrictions on life without parole along with making it easier for juveniles serving to petition for parole.
“There are huge mental, emotional and physical differences between adults and juveniles. Juveniles’ brains have an underdeveloped prefrontal cortex, which means they’re more inclined toward impulsive thinking and risk taking,” said Sen. Keaveny. “We need a correction system that takes these factors into account when sentencing juveniles. While they should be punished for their crimes, we have to accept that an action done by a child is not the same as one done by an adult, as confirmed by the U.S. Supreme Court’s ruling. We need to revamp our punishment system for juveniles so that it is constitutional, modern and geared toward rehabilitation.”
Senate Bill 280 would align Missouri law to adhere to the Supreme Court’s ruling in the Miller case by repealing mandatory life sentences for juveniles in first degree murder cases. The act also requires juries to take into consideration exceptional factors regarding the age of the defendant when the crime was committed.
Additionally, the legislation would create a process by which juveniles convicted of first degree murder can petition for a review of their sentences.
The legislation will be heard by the Senate Judiciary and Civil and Criminal Jurisprudence Committee on Tuesday, Feb. 24, in the Senate Lounge at 1 p.m.
For more information on Sen. Keaveny’s legislative efforts, visit his official Senate website at www.senate.mo.gov/keaveny. |
