This report explains the features of Massachusetts law that allows juveniles to be sentenced to life in prison without the possibility of parole, critiques its consequences, and offers recommendations for reform.
In Massachusetts, children ages 14, 15, and 16 charged with first-degree murder are automatically tried as adults; and, if convicted, receive a mandatory sentence of life without parole, no exceptions. In Massachusetts, youth sentenced to serve life without the possibility of parole will grow into adulthood and remain in prison until they die a natural death. The juvenile court has no jurisdiction over such cases, so the effect is more absolute than in other States where "reverse transfer" to juvenile court is often available, or a prosecutor can choose where to file a case. Although many States expose children to the sentence of life without the possibility of parole, only two States, Massachusetts and Connecticut, allow children as young as 14 to receive life without parole in a mandatory, absolute manner. This paper argues that several important developments compel a re-examination of this Massachusetts practice. Juvenile homicide rates have declined markedly, challenging the alarmist predictions of youth violence that occasioned this Massachusetts policy. In addition, advances in neuroscience have found striking anatomical differences between adolescent and adult brains, confirming children's greater capacity to change in the course of maturation. Given these factors, the Massachusetts Legislature should enact legislation that makes sentences for juveniles convicted of first-degree murder the same as life sentences imposed on adults for second-degree murder, which means they would become eligible for parole after 15 years and at periodic intervals thereafter. Further, such legislation should be applied retroactively. Also, Massachusetts should eliminate mandatory sentencing for all juveniles in adult court, so they can receive individualized sentencing that is consistent with juvenile court practices. 105 notes