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Hermit
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Freedom - Is it really important to the average American?
« on: 2008-02-29 06:31:59 »
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Record-high ratio of Americans in prison

Source: Associated Press
Authors: David Crary (AP National Writer)
Dated: 2008-02-29

Refer: The Pew Report (PDF)

Caption: Percent change in state prison populations, 2007, by quintile


For the first time in U.S. history, more than one of every 100 adults is in jail or prison, according to a new report documenting America's rank as the world's No. 1 incarcerator. It urges states to curtail corrections spending by placing fewer low-risk offenders behind bars.

Using state-by-state data, the report says 2,319,258 Americans were in jail or prison at the start of 2008 — one out of every 99.1 adults. Whether per capita or in raw numbers, it's more than any other nation.

The report, released Thursday by the Pew Center on the States, said the 50 states spent more than $49 billion on corrections last year, up from less than $11 billion 20 years earlier. The rate of increase for prison costs was six times greater than for higher education spending, the report said.


The steadily growing inmate population "is saddling cash-strapped states with soaring costs they can ill afford and failing to have a clear impact either on recidivism or overall crime," the report said.

Susan Urahn, managing director of the Pew Center on the States, said budget woes are pressuring many states to consider new, cost-saving corrections policies that might have been shunned in the recent past for fear of appearing soft on crime.

"We're seeing more and more states being creative because of tight budgets," she said in an interview. "They want to be tough on crime. They want to be a law-and-order state. But they also want to save money, and they want to be effective."

The report cited Kansas and Texas as states that have acted decisively to slow the growth of their inmate population. They are making greater use of community supervision for low-risk offenders and employing sanctions other than reimprisonment for offenders who commit technical violations of parole and probation rules.

"The new approach, born of bipartisan leadership, is allowing the two states to ensure they have enough prison beds for violent offenders while helping less dangerous lawbreakers become productive, taxpaying citizens," the report said.

While many state governments have shown bipartisan interest in curbing prison growth, there also are persistent calls to proceed cautiously.

"We need to be smarter," said David Muhlhausen, a criminal justice expert with the conservative Heritage Foundation. "We're not incarcerating all the people who commit serious crimes. But we're also probably incarcerating people who don't need to be."

According to the report, the inmate population increased last year in 36 states and the federal prison system.

The largest percentage increase — 12 percent — was in Kentucky, where Gov. Steve Beshear highlighted the cost of corrections in his budget speech last month. He noted that the state's crime rate had increased only about 3 percent in the past 30 years, while the state's inmate population has increased by 600 percent.

The report was compiled by the Pew Center's Public Safety Performance Project, which is working with 13 states on developing programs to divert offenders from prison without jeopardizing public safety.

"Getting tough on criminals has gotten tough on taxpayers," said the project's director, Adam Gelb.

According to the report, the average annual cost per prisoner was $23,876, with Rhode Island spending the most ($44,860) and Louisiana the least ($13,009). It said California — which faces a $16 billion budget shortfall — spent $8.8 billion on corrections last year, while Texas, which has slightly more inmates, was a distant second with spending of $3.3 billion.

On average, states spend 6.8 percent of their general fund dollars on corrections, the report said. Oregon had the highest spending rate, at 10.9 percent; Alabama the lowest at 2.6 percent.

Four states — Vermont, Michigan, Oregon and Connecticut — now spend more on corrections than they do on higher education, the report said.

"These sad facts reflect a very distorted set of national priorities," said Sen. Bernie Sanders, an independent from Vermont, referring to the full report. "Perhaps, if we adequately invested in our children and in education, kids who now grow up to be criminals could become productive workers and taxpayers."

The report said prison growth and higher incarceration rates do not reflect an increase in the nation's overall population. Instead, it said, more people are behind bars mainly because of tough sentencing measures, such as "three-strikes" laws, that result in longer prison stays.

"For some groups, the incarceration numbers are especially startling," the report said. "While one in 30 men between the ages of 20 and 34 is behind bars, for black males in that age group the figure is one in nine."

The racial disparity for women also is stark. One of every 355 white women aged 35 to 39 is behind bars, compared with one of every 100 black women in that age group.

The nationwide figures, as of Jan. 1, include 1,596,127 people in state and federal prisons and 723,131 in local jails. That's out of almost 230 million American adults.

The report said the United States incarcerates more people than any other nation, far ahead of more populous China with 1.5 million people behind bars. It said the U.S. also is the leader in inmates per capita (750 per 100,000 people), ahead of Russia (628 per 100,000) and other former Soviet bloc nations which round out the Top 10.

The U.S. also is among the world leaders in capital punishment. According to Amnesty International, its 53 executions in 2006 were exceeded only by China, Iran, Pakistan, Iraq and Sudan.


[ Hermit : And the idea that this represents any kind of "justice" is also unsustainable. Quoting The Pew Center on the States:
    Since 1976, more than 100 people have been wrongfully convicted and sentenced to death in the United States. The most comprehensive study of capital trials ever conducted found that nearly seven of every 10 death sentences handed down by state courts from 1973 to 1995 were overturned. Most cases were overturned due to “serious, reversible error,” including egregiously incompetent defense counsel, suppression of exculpatory evidence, false confessions, racial manipulation of the jury, “snitch” and accomplice testimony and faulty jury instructions.

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With or without religion, you would have good people doing good things and evil people doing evil things. But for good people to do evil things, that takes religion. - Steven Weinberg, 1999
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Re:Freedom - Is it really important to the average American?
« Reply #1 on: 2008-02-29 08:12:24 »
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[Blunderov] A ridiculously high percentage of prisoners are incarcerated for the victimless crime of marijuana possesion and or trafficking.

http://www.drugwarfacts.org/crime.htm
Year                                                2006
Total Arrests                                  14,380,370
Total Drug Arrests                          1,889,810
Total Marijuana Arrests                  829,627
Marijuana Trafficking/Sale Arrests  90,711
Marijuana Possession                    738,916
Total Violent Crime Arrests            611,523
Total Property Crime Arrests          1,540,297

http://members.tripod.com/~ronmull/marijuana.html

There were more than 700,000 marijuana arrest in the United States in 1997...

...Calculations based on recent BJS reports suggest that, at any one time, 59,300 prisoners charged with or convicted of violating marijuana laws (3.3% of the total incarcerated population) are behind bars, at a total cost to taxpayers of some $ 1.2 billion per year. They almost 12% of the total federal prison population and about 2.7% of the state population. Of the people incarcerated in federal and state prison and in local jails, 37,500 were charged with marijuana offences only and an additional 21,800 with both marijuana offences and other controlled-substance offences. Of the marijuana-only offenders, 15,400 are incarcerated for possession, not trafficking.

...Conclusion
The benefits of marijuana prohibition and its enforcement have long been the subject of debate. The example, a National Academy of Sciences report recently concluded that "there is little evidence that decriminalization of marijuana use necessarily leads to a substantial increase in marijuana use." (9) However one judges the merits of that debate, the latest figures cast serious doubt on the argument that marijuana incarceration costs are low enough to be ignored.



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Re:Freedom - Is it really important to the average American?
« Reply #2 on: 2008-02-29 14:31:02 »
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[Blunderov] In Texas it seems that law is not so much about justice as it is about class warfare. I wonder how it feels for the accused to wonder if the judge and jury all have shares in a privatized prison?

The obscenities mount up day by day. I keep thinking it can't get worse. Every new day proves me wrong - again. I'm really glad I don't live in America. Especially Texas.

existentialist cowboy prison nation

Friday, February 29, 2008
Prison Nation: Over One in One Hundred Americans Are in Prison
US rates of incarceration beat those of any European country to include Russia and former satellites of Stalin's Soviet Union. By the time you read this, more than 2.3 million adults will have been locked up in 'big houses' throughout the US. That number far exceeds some 1.8 million adult prisoners representing the total prison population of 36 European countries where the aggregate population is 2.7 times that of the US.


A recent Pew study fingers a trend that had been embraced by Bush's Texas --the rapid outsourcing of prison construction and management throughout the US. Over this period, crime rates have risen. It was Texas under the incompetent rule of then Governor George W. Bush that became known as the gulag state of Texas for having turned a social problem into just another GOP scam, a get rich quick scheme, another way in which GOP blood-suckers feed at the public trough. Convicts are no longer people but a source of cheap, slave labor. Guilt or innocence is of no concern to corporate robber barons. It is an Orwellian nightmare of waste, graft, and fascism in which no one is held to account.
After months alone in his cell, Scot Noble Payne finished 20 pages of letters, describing to loved ones the decrepit conditions of the prison where he was serving time for molesting a child. Then Payne used a razor blade to slice two 3-inch gashes in his throat. Guards found his body in the cell's shower, with the water still running.

"Try to comfort my mum too and try to get her to see that I am truly happy again," he wrote his uncle. "I tell you, it sure beats having water on the floor 24/7, a smelly pillow case, sheets with blood stains on them and a stinky towel that hasn't been changed since they caught me."

Payne's suicide on March 4 came seven months after he was sent to the squalid privately run Texas prison by Idaho authorities trying to ease inmate overcrowding in their own state. His death exposed what had been Idaho's standard practice for dealing with inmates sent to out-of-state prisons: Out of sight, out of mind.

It also raised questions about a company hired to operate prisons in 15 states, despite reports of abusive guards and terrible sanitation.

Hundreds of pages of documents obtained by The Associated Press through an open-records request show Idaho did little monitoring of out-of-state inmates, despite repeated complaints from prisoners, their families and a prison inspector.
...

--Suicide Exposes Squalid Conditions in Privately-Run Texas Prison; Company Operates in 15 States, JOHN MILLER
It is no surprise that filthy rich, GOP robber barons would find big bucks in the prison business, a process that begins when the 'state' outsources every aspect of penal industry --prison construction, staffing, operation. Profitability is directly related to the number of inmates who are ultimately arrested and convicted, often upon the flimiest evidence. Certainly, the money to be made in the prison business is directly related to arrest and conviction rates. Corporate profits drive the system --not justice

The lesson to be learned is that if you don't care about your soul and just want to get rich, forget about real estate! Set your sites high. Operate your own gulag archipelago of robotized prisons to warehouse 'evil doers' to include those were merely fall through the gaping, yawning holes in a 'safety net' that never was.
The United States holds the dubious distinction of having the largest incarcerated population in the world, with 2 million people behind bars as of year-end 1999.2 With only 5% of the world's population, the US holds a quarter of the world's prisoners In the 1990s alone, more persons were added to prisons and jails than in any other decade on record.
...

In a continued examination of those states that lead the national trend in increasing levels of incarceration, the Justice Policy Institute turns a focus on the state of Texas. The Lone Star State's criminal justice system is particularly worthy of scrutiny at this time, as the Bureau of Justice Statistics (BJS) reported in August, 2000 that Texas, for the first time, leads the nation in imprisoning its citizens: Texas now has the nation's largest incarcerated population under the jurisdiction of its prison system. Since 1990, Texas has lead the nation's 50 states with an annual average growth rate of 11.8%, about twice the annual average growth rate of other state prison systems (6.1%). Even more important to the national context, since 1990, nearly one in five new prisoners added to the nation's prisons (18%) was in Texas.
--An Analysis of Incarceration and Crime Trends in The Lone Star State

As the GOP "Enronized" the great state of Texas, an assembly line criminal justice system, in cahoots with a medieval, privatized prison system, proved to be an oxymoron. It was "criminal" but hardly "justice". Despite the GOPs "worst" efforts, crime in Texas, always a topic of much discussion and study, has gotten worse. Texas is big on capital punishment, but even its industrialized application of the death penalty just cannot kill off the criminals as fast as they procreate and multiply. The GOP may be seeking a "final solution".
...by year's end 1999, there were 706,600 Texans in prison, jail, parole or probation on any given day. In a state with 14 million adults, this meant that 5% of adult Texans, or 1 out of every 20, are under some form of criminal justice supervision. The scale of what is happening in Texas is so huge, it is difficult to contrast the size of its criminal justice systems to the other states' systems it dwarfs:

There are more Texans under criminal justice control than the entire populations of some states, including Vermont, Wyoming and Alaska.
According to Bureau of Justice Statistics estimates, one quarter of the nation's parole and probationers are in Texas. California and Texas, together, comprise half the nation's parolees and probationers.


The number of people incarcerated in Texas (in prison or jail) reached 207,526 in mid-year 1999. Only California, with 10 million more citizens, has more people in both prison and jail.
Texas has a rate of 1,035 people behind bars for every 100,000 in the population, the second highest incarceration rate in the nation (second only to Louisiana). If Texas was a nation separate from the United States, it would have the world's highest incarceration rate--significantly higher than the United States (682), and Russia (685) which has 1 million prisoners, the world's third biggest prison system. Texas' incarceration rate is also higher than China (115), which has the world's second largest prison population (1.4 million prisoners).
If the US shared the incarceration rate of Texas, there would be nearly three million Americans behind bars (2,822,300)--instead of our current 2 million prisoners.
The Texas prison population tripled since 1990, and rose 61.5% in the last five years of this decade alone. In 1994, there were 92, 669 prisoners in Texas. This number had increased to 149,684 by mid-year 1999.
The Texas correctional system has grown so large that in July 2000, corrections officials ran out of six digit numbers to assign inmates, and officially created prisoner number 1,000,000.
--An Analysis of Incarceration and Crime Trends in The Lone Star State

Texas is called the gulag state for good reasons. Certainly, justice in Texas is applied inequitably. Minorities --primarily black and hispanic --are disproportionately represented in the Texas gulag system but under represented in the State legislature, the various city councils, and the state judicial system. For example, blacks represent only 12% of the Texas population but comprise 44% of the total incarcerated population. Whites make up about 58% of Texas' total population, but only 30% of the prison and jail population.

While one out of every 20 Texas adults is under some form of criminal justice control, one out of 3 young black men (29% of the black male population between 21 and 29) are in prison, jail, parole or probation on any given day.
One out of every four adult black men in Texas is under some form of criminal justice supervision.
Blacks in Texas are incarcerated at a rate seven times greater than whites. While there are 555 whites behind bars for every 100,000 in the Texas population, there are an astonishing 3862 African Americans behind bars for every 100,000 in the state. This is nearly 63% higher than the national incarceration rate for blacks of 2366 per 100,000.
If Texas' black incarceration rate was applied to the United States, the number of blacks behind bars on a national level would increase by half a million. There are currently an estimated 824,900 African Americans in prison and jail in the US The new figure, 1,346,370, would increase the number of African Americans incarcerated in the US by 63%.



The GOP are consistent to the point of boring. Therefore, what the GOP has done to Texas is a clue to the effect Bush/GOP rule has had nationally, globally. The GOP modus operandi is premised as it is upon delusion, lies, spin, claptrap ideology and bullshit! The increasingly absurd campaign of John McCain is proof of that. Failing to wage an effective "war on terrorism" abroad, the GOP presides over rising crime rates at home, throughout the nation.

The GOP has always been fond of waging wars on crime though the party itself is a crime syndicate.
Five years of crime rates show that murders, robberies, rapes and other violent offenses last year were returning to the peak, set in 2002. Crime dropped dramatically after that, the figures show.

In 2006, an estimated 1,417,000 violent crimes were committed, a sharp increase from the 1,360,000 reported in 2004 and approaching the estimated 1,425,000 in 2002.
--New York Times, Violent Crime Reported Up 2% in 2006

Those stats confirm a trend of at least two years. Yet, Justice Department flack, Brian Roehrkasse, called the report "good news", a lie not unlike "we are winning in Iraq". I wonder how Roehrkasse felt about the FBI summary of 2006 indicating that robberies had increased 9.7 percent nationwide, arson 6.8 percent, murders 1.4 percent! It is the situation in Texas, Bush's so-called "homestate", where the effects of the GOP's medieval policies have fallen to Rick Perry.
Reflecting a surge in crime in Texas after the dislocations of Hurricane Katrina, Houston recorded a sharp increase in homicides, to 202 for the first half of 2006, up from 158 in the comparable pre-storm period last year. Three Texas cities ranked among the nation’s top 10 in crimes per capita.

Homicides in Dallas were down to 101 from 106 but it still ranked as the nation’s most crime-ridden big city, with 3,985 overall crimes per 100,000 population, followed by Houston with 3,444. After Phoenix with 3,436, San Antonio was 4th with 3,422.
--An Analysis of Incarceration and Crime Trends in The Lone Star State

FBI statistics prove that since Bush seized the White House, crime rates have jumped. Violent crime increased at 2.5 percent in 2005, the highest rate in 15 years. Nevermind! Bush favored a 52 percent cut in law enforcement funding. That's not the worst of it. Bush and the GOP will never admit that GOP policies prove the utter failure, the moral paucity, the complete intellectual inadequacy of the GOP as a party, as an institution. Utterly predictable, the GOP will cite every fact proving their endemic failures as reasons to compound the problem. Having replaced ideas with propaganda, plans with platitudes, the GOP will simply roll out more of the same old GOP eyewash, claptrap, and bullshit!

We would call a doctor an idiot who tells you to just keep on doing whatever it is that's making you sick. Yet the GOP does that repeatedly, mistaking the illness for the cure and making it worse with greed and incompetence. Confronted with rising crime and swelling prisons, the GOP will propose even newer programs guaranteed to raise crime rates even as they enrich cronies with privatized prison systems, privatized Blackwater storm-troopers, a robotized surveillance system.

It is but a small step then to privatizing the state police or even the various metropolitan police departments. Blackwater, I am sure, would love to get the juicy contract, the license to kill and get paid for it. In that event, the march toward fascism will have been completed. Life in America will have become a nightmare for everyone but an elite of about one to five percent of the population. The streets will be patrolled by armor-plated Blackwater goon squads and other gung ho gun nuts for whom human life means little to nothing.

In the meantime, the words of the late Molly Ivins seem prescient, a plaintive warning about the breakdown of law and order that follows from the complete and institutional breakdown of the rule of law. We will have the right-wing to blame for having made of America the ugliest police state in the history of the world.
The notorious inability of prosecutors to admit that they are ever wrong is a fact of life. What is far more horrifying is the refusal of judges and courts to look at evidence that proves innocence. Can you imagine how that must feel - to be in prison for a crime you didn't commit and to finally be able to prove it, only to have a court refuse to consider the evidence? Most of this is a consequence of a noxious law that Congress rushed through after the Oklahoma City bombing. Called the Anti-Terrorism and Effective Death Penalty Act of 1996, the law was aimed at the ability of federal judges to second-guess state courts and at the ability of prisoners to file endless habeas corpus claims challenging the constitutionality of their convictions.
--Molly Ivins

A day after the United States Supreme Court halted an execution in Texas, that medieval state made public more plans to murder more people in the name of state and justice.
Though several other states are halting lethal injections until it is clear whether they are constitutional, Texas is taking a different course, risking a confrontation with the court.

“The Supreme Court’s decision to stay convicted murderer Carlton Turner’s execution will not necessarily result in an abrupt halt to Texas executions,” said Jerry Strickland, a spokesman for Attorney General Greg Abbott of Texas. “State and federal courts will continue to address each scheduled execution on a case-by-case basis.”
--Texas Planning New Execution Despite Ruling, New York Times

This latest outrage points up an interesting and apparent correlation between Bush's failed "war on terrorism" and the equally failed "war on crime" in Texas. Now, of course, Texas' prison virus will spread across the prison nation that Bush and his ilk --the GOP --has made of America.
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Re:Freedom - Is it really important to the average American?
« Reply #3 on: 2008-03-13 09:43:45 »
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[letheomaniac] And now, life sentences without the possibility of parole for children. Still, the sooner you get the little bastards into prison, the longer you can continue to make money out of their incarceration, right? Is there no depth to which these swine will not sink in order to make a buck?

Should Children Be Sentenced to Life?
By Amanda Paulson, Christian Science Monitor. Posted March 12, 2008.

With nearly 2,400 inmates sentenced to life as juveniles, the U.S. is the only nation imposing the mandate on children.

How should a society treat its youngest criminal offenders? And the families of victims of those offenders?

Half a dozen states are now weighing these questions anew, as they consider whether to ban life sentences for juveniles that don't include a option for parole -- and whether those now serving such sentences should have a retroactive shot at parole.

Here in Illinois, proposed legislation would give 103 people -- most convicted of unusually brutal crimes -- a chance at parole hearings, while outlawing the sentence for future young perpetrators.

The proposal has victims' families up in arms, angry that killers they had been told were in prison for life might be given a shot at release and that they'd need to regularly attend hearings in the future, reliving old traumas, to try to ensure that these criminals remain behind bars.

Advocates of legislation, meanwhile, both in Illinois and elsewhere, note that the US is the only country in the world with anyone -- nearly 2,400 across the nation -- serving such a severe sentence for a crime committed as a juvenile. They criticize the fact that the sentence is often mandatory, part of a system devoid of leniency for a teenager's lack of judgment, or hope that youth can be reformed.

"Kids should be punished, and held accountable. The crimes we're talking about are very serious crimes," says Alison Parker, deputy director of the US program of Human Rights Watch and author of a report on the issue. "But children are uniquely able to rehabilitate themselves, to grow up and to change. A life-without-parole sentence says they're beyond repair, beyond hope."

The sentence is automatic for certain crimes in more than half of all states, part of a wave of "get tough" laws aimed at cracking down on rising crime rates during the 1980s and '90s. Which means judges often have little to no discretion when they mete out punishment. In many instances, they are prohibited from considering age or even whether the juvenile was the one who pulled the trigger. About a quarter of the juveniles serving life without parole sentences nationally were convicted of what is known as "felony murder," says Ms. Parker. They participated in a felony in which murder was committed, but they weren't the ones who did the actual killing.

In Illinois, that list includes Marshan Allen, a 15-year-old who accompanied an older brother and some friends on a drug-related mission, and says he didn't know they were going to kill several people.

In California, another state considering doing away with the sentence, it includes Anthony, a 16-year-old painting graffiti with a friend when the friend produced a gun and decided to rob an approaching group of teenagers. His friend pulled the trigger, but Anthony -- who turned down a plea bargain because he couldn't imagine paying for a crime he didn't feel he'd committed -- got a life-without-parole sentence.

"There are people in prison for crimes they committed as juveniles that should never see the light of day," says Rich Klawiter, a partner at the law firm DLA Piper and part of the Illinois Coalition for the Fair Sentencing of Children, which produced a report on the issue last month and advocates reform. "But those that show themselves worthy of redemption ought to be given an opportunity before a parole board."

The frequent citing of cases like Allen's bothers supporters of the sentence, who say such examples are hardly representative. Generally, the mandate is saved for such extreme offenses as multiple murders, killing of a police officer, aggravated sexual assault, and murder of a child.

"These guys are the worst of the worst," says Jennifer Bishop-Jenkins, whose pregnant sister and brother-in-law were murdered by a 16-year-old in their Winnetka, Ill., townhome in 1990. She acknowledges automatic sentencing has probably punished a few juveniles unfairly, but notes that such individuals can always appeal for clemency. What she doesn't understand is bringing offenders back for hearings that, in her mind, would only unearth the past for the families of victims who thought they'd seen their loved ones' killers put away forever.

Ms. Bishop-Jenkins and her sister, Jeanne Bishop, are both prominent victim activists against the death penalty, and helped in the case that got the juvenile death penalty overturned by the Supreme Court three years ago. Now, they both say, they feel betrayed by the same allies with whom they fought against the death penalty, who never sought their input on this issue.

"Once you say this person could get out someday through this mechanism, you've just placed a crushing burden on the hearts and minds of the victims' families," says Jeanne Bishop, a Cook County public defender who has also defended juveniles. She and her sister both support getting rid of the mandatory sentencing and giving judges more discretion, but worry that in all the talk of the human rights of juvenile offenders, the rights of victims are being forgotten.

The current legislation in Illinois is unlikely to go anywhere, with its key sponsor backing away last week and saying more time is needed to dialogue with victims. Reform advocates hope to have new legislation introduced in the near future. Colorado outlawed juvenile life without parole in 2006, and legislation is pending in Michigan, Florida, Nebraska, and California, while a few other states are experiencing grass-roots efforts.

Some activists against the sentence say they hope they can work with victims' families to take their concerns into account even as they do away with the sentence. In Michigan, where a set of bills is before both the Senate and the House, activists have had some success building dialogue with victims, says Deborah LaBelle, a human rights attorney based in Ann Arbor and director of the ACLU's Juvenile Life Without Parole Initiative.

"We need to allow both voices to be heard," says Ms. LaBelle. But she feels strongly that the sentence is inappropriate for youth. "As every parent knows and as every social scientist understands, this is a time of ill-thought-out, impulsive lack of judgment, problematic years … To throw them away and say you're irredeemable as a child is a disturbing social concept."
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