Do Juveniles Sentenced to Life Deserve a Second Chance? Senate Bill 9 (SB 9)
Do Juveniles Sentenced to Life Deserve a Second Chance?
As a society, Americans believe that punishment should fit the crime. But shouldn’t punishment also fit the criminal?
An adult who is convicted of wrongdoing should be sentenced to a punishment that accomplishes more than just a response to behavior we find unacceptable. It should also be a deterrent to other adults for doing the same thing. Most adults accept this. This is expected in an adult world.
Most juveniles, on the other hand, have not yet reached a level of maturity to fully comprehend nor appreciate the consequences of his or her behavior. We also accept this. Or at least we should. Punishing a minor the same as we do an adult isn’t logical, reasonable or just.
That is the logic California lawmakers used when they voted to pass Senate Bill 9 in 2012.
What is Senate Bill 9?
Senate Bill 9 (SB 9) became California law in January 2013. This law gives a second chance to certain offenders who were under the age of 18 at the time of their crime and sentenced to life without parole. Under the law, they can petition the court for a new sentencing hearing after serving 15 years in prison.
At that hearing, they will have the chance of getting a new sentence with the possibility of parole. If successful, they would be eligible for parole after serving a minimum of 25 years. The law is now codified under California Penal Code Section 1170(d).
Who Doesn’t Qualify for Resentencing under the New Law?
California law pursuant to Penal Code 1170(d) excludes anyone who is convicted and was:
- 18 or older at the time of the crime;
- Not sentenced to life without parole (LWOP);
- Sentenced to life without parole for a crime in which the defendant tortured his or her victim;
- Sentenced to life without parole for a crime in which the victim was a public safety official, including any law enforcement personnel; or
- Has already been in custody more than 25 years.
The new law is not a “get out of jail free” card. It is an opportunity to ask a judge to reconsider a life without parole sentence and give the offender a chance to go in front of the parole board at some point in the future.
Juvenile in California is Resentenced in Orange County
Edel Gonzalez was only 16 years old when he was convicted under the felony-murder rule of first-degree murder for a gang-related attempted carjacking that resulted in the murder of Janet Bicknell in August 1991.
One of his accomplices shot and killed her.
An Orange County jury sentenced him to life without parole for the crime. At the time, he was the youngest person in Orange County history to receive that punishment.
Last week, Superior Court Judge Thomas Goethals resentenced Edel Gonzalez to 25 years to life in prison under the new law. He has served 22 years, so a parole board could decide on whether he merits release in as early as three years.
“Our Legislature has taken the steps to have a mechanism by which judges can consider the fact that these individuals were very young at the time of their crimes,” said Elizabeth Calvin, a senior advocate at Human Rights Watch. “It’s not right to sentence anybody who was under the age of 18 to life without the possibility of parole.”
What Do Supporters and Opponents Think of the New Law?
Supporters of the new law contend those who commit crimes as juveniles should be given a second chance because their brains are still developing and they are more vulnerable than adults.
But opponents, including victim rights groups and organizations representing law enforcement, counter that the possibility of future parole hearings would subject survivors to relive the experience.
However, public policy should not be influenced by something as immeasurable as the pain and suffering of criminal victimization. Our response must be dealt with objectively, and with reason and compassion.
Do Juvenile Offenders Deserve a Second Chance?
What Edel Gonzalez did was wrong. He participated in a crime that led to a woman’s brutal murder. But he didn’t pull the trigger and he was only 16 years old at the time.
That he was sentenced for committing first-degree murder in the first place demonstrates the flaw in the felony-murder rule: holding liable at fault those who never killed anyone, nor ever intended to in the first place. Application of this form of prosecution cries out for redress, and the debate over the felony-murder rule deserves rekindling.
However, there doesn’t need to be, nor should there be a debate over whether juvenile offenders deserve a second chance. The answer is yes. Condemning a child to a life without parole is morally reprehensible and defies our sense of justice.
Wallin & Klarich Can Help Your Loved Ones at a Resentencing Hearing
If someone you care about is serving a life sentence, speak to an attorney at Wallin & Klarich today about how they may qualify for resentencing under California law. At Wallin & Klarich, our attorneys have over 40 years of experience successfully representing our clients facing long term imprisonment.
Changes in the law since 2012 make it easier for some convicted felons serving life sentences to be resentenced, earning them the opportunity for early parole eligibility and a chance at freedom.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our attorneys at Wallin & Klarich are dedicated to fighting for our clients’ constitutional rights. We will do that we can to help you and your loved one live a better life.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.
