May 27, 2008



LDF Releases Study on Juvenile Life Without Parole Sentencing in Mississippi


(New York, NY) - The NAACP Legal Defense and Educational Fund (LDF) has released, "No Chance to Make it Right: Life Without Parole for Juvenile Offenders in Mississippi," a groundbreaking report examining the racial, social, political, and economic circumstances surrounding juvenile life without parole sentencing in Mississippi. LDF's study, the first comprehensive analysis of Mississippi's practice of sentencing teenagers to life without parole, finds that blacks are significantly overrepresented among the youth currently serving such sentences. In light of this and other troubling findings, LDF calls for a series of reforms including the immediate elimination of life without parole sentences for juveniles.

"While there is no doubt that everyone should be held responsible for their actions, a sentence which denies a child any opportunity for reform is simply unjust," said John Payton, LDF President and Director-Counsel.

Bud Welch, President of the Board of Murder Victims Families For Human Rights whose 23 year old daughter Julie was a victim of the Oklahoma City bombing, echoed this sentiment. "Vengeance is a natural human emotion," Mr. Welch said, "but by denying any child the opportunity for a second chance, we deny the possibility of healing, and reform. As a society, we should commit ourselves to seeking ways to truly reduce violence, by investing in our children before they go on to commit terrible acts, rather than locking the door and throwing away the key."

Twenty of the 26 persons sentenced to life without parole sentences as teenagers are African-American. Carlton Reeves, the former President of Mississippi's Magnolia Bar Association, noted that this evidence of racial disproportionality is very disturbing. "Prosecutors, law enforcement officials, lawyers, lawmakers and concerned citizens alike must pause and ask themselves how and why blacks can represent 80% of the kids sentenced to life without parole in a state whose total population is less than 40% African American." Ron Hampton, Executive Director of the National Black Police Association, agrees.

Another of the troubling aspects of Mississippi's juvenile life without parole sentencing is that once a child is convicted as an adult of capital murder, judges have no choice but to impose a sentence of life without parole. As explained by former Mississippi Supreme Court Justice Reuben Anderson, "When sentencing anyone, a judge should balance the circumstances of the individual against the harm to the community. Life without parole is a one-size-fits-all solution that denies judges the ability to consider the unique realities of the lives of the children that appear before them and strips the court of the option of recognizing the very real capacity for rehabilitation in some of their cases."

Some of the flaws of Mississippi's system of juvenile life without parole sentencing are reflected in the experience of a local law enforcement officer. In 1995, 14-year-old David Moody informed Forrest County Sheriff Billy McGee that his older cousin forced him to participate in the murder of two local teenagers. Although David has steadfastly maintained his innocence of the crime, he was arrested, convicted of capital murder and sentenced to life without possibility of parole. Sheriff McGee testified on David's behalf at his trial and recently explained that he did so because he believed David was telling the truth. Sheriff McGee also expressed concern about the appropriateness of a life without parole sentence for David under these circumstances: "if [David] had been in jail 5 or 10 years and been let out and done wrong then the penitentiary would have still been there for him. If we err, we ought to err on the side of caution."

LDF believes that a sentence of life without any possibility of parole fails to recognize the capacity for rehabilitation inherent in all children. It also fails to take into account the poverty, unstable family structures, and lack of educational opportunities that have played a role in the lives of many of Mississippi's youth. As Derrick Johnson, head of Mississippi NAACP, stated: "There is no question that the young men sentenced to life without parole have caused harm to individuals, families and communities. We should not, however, throw away children that have made terrible mistakes without first taking a serious look at ways our community could have prevented them from turning to criminal acts. Children deserve much better than what we are giving them."





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ABOUT LDF

The NAACP Legal Defense and Educational Fund (LDF) is America's legal counsel on issues of race. Through advocacy and litigation, LDF focuses on issues of education, voter protection, economic justice and criminal justice. We encourage students to embark on careers in the public interest through scholarships and internship programs. LDF pursues racial justice to move our nation toward a society that fulfills the promise of equality for all