Last week, Senator David Marsden (D) introduced a bill to the Virginia State Senate that would allow juvenile prisoners to petition for sentence reductions provided that A, they have served for at least 20 years, and B, they can prove their rehabilitation and maturity to a panel of judges. While opposition is expected from other members of the House of Delegates subcommittee, including Rob Bell (R) of Albemarle, the introduction of the measure signals a step forward in human rights. Many Americans don’t realize that the United States is the only country in the world that sentences juvenile offenders with life in prison and no parole. Eleven states, including Virginia, imposed these strict life sentences on non-homicide crimes when the U.S. Supreme Court intervened in 2010, banning the practice. Yet the Virginia Supreme Court has upheld these sentences, given that teenage offenders will have a chance at freedom when they turn 60, through geriatric parole. As of today, there are at least 22 prisoners in Virginia jails serving life sentences without parole for non-homicide crimes they committed as teenagers. The bill in question, SB142, would offer inmates incarcerated for long periods of time the possibility of petitioning for sentence review every five years, either after they turn 35 or once they have served 20 years, whichever happens last. SB142 instructors the Supreme Court to set up a panel of four active or retired Circuit Court judges to hear evidence (testimony from probation officers, victims of the associated crime, and the prisoners themselves) to determine whether the sentence should be changed or not. Depending on the hearing, an inmate could even be released immediately with particular conditions. Senator Marsden served the Virginia Department of Juvenile Justice as acting director, under both Governor Jim Gilmore and Governor Mark Warner. After dedicating years to improving the juvenile justice system of Virginia, Marsden strongly believes that people have the ability to change, and that laws should provide a mechanism that appreciates this ability.
Last week, Senator David Marsden (D) introduced a bill to the Virginia State Senate that would allow juvenile prisoners to petition for sentence reductions provided that A, they have served for at least 20 years, and B, they can prove their rehabilitation and maturity to a panel of judges. While opposition is expected from other members of the House of Delegates subcommittee, including Rob Bell (R) of Albemarle, the introduction of the measure signals a step forward in human rights. Many Americans don’t realize that the United States is the only country in the world that sentences juvenile offenders with life in prison and no parole. Eleven states, including Virginia, imposed these strict life sentences on non-homicide crimes when the U.S. Supreme Court intervened in 2010, banning the practice. Yet the Virginia Supreme Court has upheld these sentences, given that teenage offenders will have a chance at freedom when they turn 60, through geriatric parole. As of today, there are at least 22 prisoners in Virginia jails serving life sentences without parole for non-homicide crimes they committed as teenagers. The bill in question, SB142, would offer inmates incarcerated for long periods of time the possibility of petitioning for sentence review every five years, either after they turn 35 or once they have served 20 years, whichever happens last. SB142 instructors the Supreme Court to set up a panel of four active or retired Circuit Court judges to hear evidence (testimony from probation officers, victims of the associated crime, and the prisoners themselves) to determine whether the sentence should be changed or not. Depending on the hearing, an inmate could even be released immediately with particular conditions. Senator Marsden served the Virginia Department of Juvenile Justice as acting director, under both Governor Jim Gilmore and Governor Mark Warner. After dedicating years to improving the juvenile justice system of Virginia, Marsden strongly believes that people have the ability to change, and that laws should provide a mechanism that appreciates this ability.
Last week, Senator David Marsden (D) introduced a bill to the Virginia State Senate that would allow juvenile prisoners to petition for sentence reductions provided that A, they have served for at least 20 years, and B, they can prove their rehabilitation and maturity to a panel of judges. While opposition is expected from other members of the House of Delegates subcommittee, including Rob Bell (R) of Albemarle, the introduction of the measure signals a step forward in human rights. Many Americans don’t realize that the United States is the only country in the world that sentences juvenile offenders with life in prison and no parole. Eleven states, including Virginia, imposed these strict life sentences on non-homicide crimes when the U.S. Supreme Court intervened in 2010, banning the practice. Yet the Virginia Supreme Court has upheld these sentences, given that teenage offenders will have a chance at freedom when they turn 60, through geriatric parole. As of today, there are at least 22 prisoners in Virginia jails serving life sentences without parole for non-homicide crimes they committed as teenagers. The bill in question, SB142, would offer inmates incarcerated for long periods of time the possibility of petitioning for sentence review every five years, either after they turn 35 or once they have served 20 years, whichever happens last. SB142 instructors the Supreme Court to set up a panel of four active or retired Circuit Court judges to hear evidence (testimony from probation officers, victims of the associated crime, and the prisoners themselves) to determine whether the sentence should be changed or not. Depending on the hearing, an inmate could even be released immediately with particular conditions. Senator Marsden served the Virginia Department of Juvenile Justice as acting director, under both Governor Jim Gilmore and Governor Mark Warner. After dedicating years to improving the juvenile justice system of Virginia, Marsden strongly believes that people have the ability to change, and that laws should provide a mechanism that appreciates this ability.
IMPROVE
JUVENILE
JUSTICE
SYSTEM
By
Attorney
David
Coolidge
January
28,
2014
Last
week,
Senator
David
Marsden
(D)
introduced
a
bill
to
the
Virginia
State
Senate
that
would
allow
juvenile
prisoners
to
petition
for
sentence
reductions
provided
that
A,
they
have
served
for
at
least
20
years,
and
B,
they
can
prove
their
rehabilitation
and
maturity
to
a
panel
of
judges.
While
opposition
is
expected
from
other
members
of
the
House
of
Delegates
subcommittee,
including
Rob
Bell
(R)
of
Albemarle,
the
introduction
of
the
measure
signals
a
step
forward
in
human
rights.
Many
Americans
dont
realize
that
the
United
States
is
the
only
country
in
the
world
that
sentences
juvenile
offenders
with
life
in
prison
and
no
parole.
Eleven
states,
including
Virginia,
imposed
these
strict
life
sentences
on
non-homicide
crimes
when
the
U.S.
Supreme
Court
intervened
in
2010,
banning
the
practice.
Yet
the
Virginia
Supreme
Court
has
upheld
these
sentences,
given
that
teenage
offenders
will
have
a
chance
at
freedom
when
they
turn
60,
through
geriatric
parole.
As
of
today,
there
are
at
least
22
prisoners
in
Virginia
jails
serving
life
sentences
without
parole
for
non-homicide
crimes
they
committed
as
teenagers.
The
bill
in
question,
SB142,
would
offer
inmates
incarcerated
for
long
periods
of
time
the
possibility
of
petitioning
for
sentence
review
every
five
years,
either
after
they
turn
35
or
once
they
have
served
20
years,
whichever
happens
last.
SB142
instructors
the
Supreme
Court
to
set
up
a
panel
of
four
active
or
retired
Circuit
Court
judges
to
hear
evidence
(testimony
from
probation
officers,
victims
of
the
associated
crime,
and
the
prisoners
themselves)
to
determine
whether
the
sentence
should
be
changed
or
not.
Depending
on
the
hearing,
an
inmate
could
even
be
released
immediately
with
particular
conditions.
Senator
Marsden
served
the
Virginia
Department
of
Juvenile
Justice
as
acting
director,
under
both
Governor
Jim
Gilmore
and
Governor
Mark
Warner.
After
dedicating
years
to
improving
the
juvenile
justice
system
of
Virginia,
Marsden
strongly
believes
that
people
have
the
ability
to
change,
and
that
laws
should
provide
a
mechanism
that
appreciates
this
ability.
Attorney
David
Coolidge
graduated
at
the
top
of
his
class
from
Duke
University
School
of
Law.
He
has
extensive
misdemeanor
and
felony
criminal
practice,
and
has
also
represented
thousands
of
clients
facing
speeding
tickets
and
other
moving
violations
with
The
Coolidge
Law
Firm
in
Raleigh,
NC.
David
Coolidge
is
also
an
active
member
of
a
number
of
the
states
legal
organizations,
including
the
North
Carolina
Bar
Association,
Wake
County
Bar
Association,
Wake
County
Academy
of
Criminal
Trial
Lawyers,
and
North
Carolina
Advocates
for
Justice.