Should Youthful Offenders Receive a “Second Look” at Prison Sentences?

 Posted on March 23, 2023 in Criminal Defense

Criminal justice reform has become a focal point in contemporary American society, with a growing consensus that the system is in dire need of an overhaul. At the heart of this conversation lies a pressing issue impacting the lives of thousands of individuals who were convicted of crimes at a young age and subsequently saddled with lengthy prison sentences. With advancements in neuroscience research shedding light on the cognitive development of adolescents and the role this can play in criminal behavior, there is a mounting call to re-examine sentences for youthful offenders and explore alternative paths toward rehabilitation.

Advocates Call for Limits on Sentences and Second Looks for Youthful Offenders

In many cases, young people who are convicted of crimes face harsh sentences that limit the possibility of rehabilitation and prevent them from being able to be released and re-integrate into society. In recognition of the fact that young people's brains are still developing, which can limit their ability to understand the consequences of their actions, advocates are seeking to place limits on sentences for youthful offenders, such as by prohibiting life sentences without the possibility of parole for people under a certain age. They are also advocating for laws that allow sentences to be reviewed after a certain period of time to determine whether parole or other options may be available.

A recent case in Rhode Island illustrates the issues that youthful offenders often face in these situations. Gahlil Olivera, who was charged with offenses related to the murder of a state lawmaker's son, was convicted in 1995 and sentenced to life in prison, as well as a consecutive 40-year sentence. After serving more than 25 years, Mr. Olivera has sought relief and claimed that the original sentence was excessive.

During his case, Mr. Olivera demonstrated that he has taken extensive steps toward rehabilitation, including completing classes and programs, mentoring younger prisoners, and accepting responsibility for his actions. While he was granted parole for his life sentence, he is still required to serve the 40-year consecutive sentence. The judge who reviewed the request for relief ruled that the state's laws require the sentence to be upheld. However, the judge stated that lawmakers should consider passing new laws that would allow for a second look at sentences for youthful offenders. Sentences could be reconsidered in cases where people have demonstrated rehabilitation, and judges could determine whether prisoners would be eligible for early release or other forms of relief.

Criminal justice advocates have called for these types of laws to be passed, allowing sentences to be re-examined after 10 to 15 years to ensure that the penalties offenders face reflect current societal attitudes and up-to-date research. Lengthy prison sentences do not have an impact on public safety, and they do not serve as an effective deterrent against crime. In many cases, youthful offenders "age out" of criminal behavior, and they are much less likely to re-offend as they get older. Those who have been rehabilitated can re-enter society and make positive contributions to their communities. These second-look sentencing laws would have a positive impact on prisoners and society as a whole.

Contact Our Hartford Criminal Defense Lawyer

Young people who are charged with crimes will need to determine the steps they can take to protect their rights. A criminal conviction can result in severe consequences, but with representation from an experienced lawyer, a person can build a defense strategy that will help them address the charges they are facing, avoid a conviction, or reduce the potential penalties. At Woolf Law Firm, LLC, our Connecticut criminal defense attorney provides legal help to young people and others who are facing criminal charges, ensuring that their rights are protected throughout the legal process. To set up a free consultation and learn how we can help you, contact us at 860-290-8690.

Sources:

https://www.providencejournal.com/story/news/courts/2023/02/19/rhode-island-judge-seeks-second-look-at-lengthy-sentences-for-young-offenders/69906854007/

https://www.sentencingproject.org/reports/a-second-look-at-injustice/