Number of Inmates Serving Life-Without-Parole Sentences for Crimes Committed as Juveniles
The US is also dealing with the issue of violent crimes committed by juveniles 15 and under, with perhaps the most famous case being the “Slender Man” incident in Wisconsin, in which two 12-year-old female defendants stabbed a classmate repeatedly and were charged with attempted homicide. Because these cases are highly complex, this article conducts in-depth case studies comparing different state approaches to high profile felonies committed by juveniles 15 and younger, similar to the Slender Man case. Two case studies involve female juvenile defendants, and two involve males. Chinese officials considering policy reforms aimed at curbing violence among very young juveniles might draw important lessons from these state-level US cases.
California: Mid-High Confinement Rate (173-366.5 per 100,000)
Facts: Female defendant, Sarah Weeden, who was 14 at the time of the crime, was arrested, convicted, and sentenced for the murder of Navnil Chand, killed by gunshot by 23-year-old Sertice Melonson. The crime occurred in August 2005. According to testimony at Weeden’s 2008 trial, Weeden agreed to meet Chand at a park for a date and directed him there by cellphone. When he arrived, Melonson waited to rob him. During the robbery, Melonson shot and killed Chand. In April 2017, the 9th US Circuit Court of Appeals reversed Weeden’s conviction and remanded her for a new trial, finding that Weeden’s trial attorney provided ineffective assistance of counsel for failing to have Weeden evaluated by a psychologist to determine her capacity to form criminal intent. Weeden might be re-tried in juvenile court.
Law and Policies: California has three ways that juveniles can be prosecuted as adults:
- Statutory Exclusion: California has a list of offenses, which if committed by a youth aged 14 or older, require that the youth be criminally prosecuted as an adult. Cal. Welf. & Inst. Code § 602(b);
- Discretionary Judicial Waiver: The juvenile court has original jurisdiction over most juvenile cases, but in certain delineated cases where the child is at least 16 years old at the time of the offense, the state may request that the juvenile court transfer jurisdiction to adult criminal court. The juvenile court must conduct a hearing and consider statutorily listed factors to determine whether to transfer jurisdiction. Cal. Welf. & Inst. Code § 707;
- Once an Adult, Always an Adult: California has a set procedure by which if a juvenile has been adjudicated, and certain criteria are met, all future charges against them will be automatically prosecuted in adult criminal court. Cal. Welf. & Inst. Code § 707.01.
Defendants Waived Into Adult Court? Weeden appears to have been processed automatically in adult trial court pursuant to the “statutory exclusion” provisions above. Weeden’s appellate attorney notes that prosecutors filed directly in Superior Court (i.e., “adult court”) because it was a murder case, without consideration of factors such as Weeden’s age, maturity level, or mental health. Jurors found Weeden guilty of first-degree murder as an aider and abettor to Melonson, and Sacramento Superior Court Judge Maryanne G. Gilliard sentenced her to 27 years to life in prison.
South Dakota: High Rate of Juvenile Confinement (366.5-560 per 100,000)