By The Campaign for the Fair Sentencing of Youth (CFSY)

For over 12 years, hundreds of individuals serving juvenile life without parole (JLWOP) have not received a second look at their sentences despite mandates from the United States Supreme Court limiting the practice and requiring new sentencing procedures for youth. Twenty-two states still legally allow JLWOP and what's worse, certain outlier states are increasing their incarcerated populations of children serving the sentence. These concerns become even more alarming when contextualized in the broader picture. As outlined in this report, the imposition of juvenile life without parole is not only becoming increasingly unusual nationally but also more unequal. In the past 12 years, we've seen an overall 85% decrease in the population of those serving these sentences, while the number of states banning JLWOP has increased by over 800%. However, despite these positive shifts, the percentage of Black children serving juvenile life without parole has risen significantly – from 60% historically to nearly 80% today. The continued legality of life without parole for youth also further enables the legal system to sentence children to other extreme terms. For instance, JLWOP sentences can be used as bargaining chips in plea deals, resulting in children receiving lengthy terms of years or de facto life sentences with minimal chance of parole. Furthermore, in a context where JLWOP is an option, sentencing a child to 20 years may be more accepted despite the fact that this exceeds the maximum sentence for adults in many countries around the world. As this report details, the use of JLWOP is increasingly unusual and increasingly unequal. And when contextualized in these trends, its persistence in outlier states is exceedingly unacceptable. The more unusual and unequal it is to sentence a child to life without parole nationally; the worse outlier states fare when held up to globally accepted standards of decency for our youth. Taken together, the need to address the unfinished business of ending juvenile life without parole is urgent. 

Washington, DC: CFSY, 2024. 13p