[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 382 Introduced in House (IH)]

114th CONGRESS
  1st Session
H. RES. 382

   Expressing the need to eliminate life without parole for children.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2015

Mr. Cardenas submitted the following resolution; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
   Expressing the need to eliminate life without parole for children.

Whereas approximately 2,500 individuals in the United States have been sentenced 
        to die in prison for crimes committed as children;
Whereas the United States is the only country in the world that imposes life 
        without the possibility of release or parole sentences on children;
Whereas the United States, along with South Sudan, are the only United Nations 
        Member States that have not ratified the Convention on the Rights of the 
        Child which prohibits the use of the death penalty and life without the 
        possibility of release sentences from being imposed on children under 18 
        years of age;
Whereas a life without the possibility of release or parole sentence is a final 
        judgment that disregards children's unique capacity to grow and change 
        as they mature into adulthood;
Whereas studies have shown that children's brains are not fully developed and as 
        a result, children are less capable than adults to consider the long-
        term impact of their actions, control their emotions and impulses, or 
        evaluate risks and reward;
Whereas fundamental differences between juvenile and adult brains make children 
        uniquely capable of long-term growth, rehabilitation, and change as 
        their brains mature over time;
Whereas the vast majority of children who commit crimes age out of criminal 
        behavior and no longer pose a threat to society in adulthood;
Whereas the United States recognizes that children are different from adults by 
        the limitations society places upon them;
Whereas children are not allowed to enter into contracts, purchase or consume 
        tobacco and alcohol, vote, serve in the military, or engage in other 
        adult activities;
Whereas the only area where the United States does not treat children different 
        from adults is in criminal sentencing laws;
Whereas children sentenced to life without the possibility of release or parole 
        are most frequently the most vulnerable members of United States 
        society;
Whereas studies show that nearly 80 percent of juvenile lifers reported 
        witnessing violence in their homes and more than half (54.1 percent) 
        witnessed weekly violence in their neighborhoods;
Whereas in addition, 50 percent of all children sentenced to life in prison 
        without the possibility of parole have been physically abused and 20 
        percent have been sexually abused as a child;
Whereas Black children are 10 times more likely to receive a life without the 
        possibility of release or parole sentence;
Whereas 14 States including Texas, Nevada, Wyoming, Kentucky, Kansas, Colorado, 
        Montana, Alaska, Hawaii, Delaware, Massachusetts, Vermont, Connecticut, 
        and West Virginia have all eliminated life without the possibility of 
        release or parole sentences for all children under 18 years of age in 
        the last several years;
Whereas 3 other States including California, Florida, and Washington have 
        eliminated life without the possibility of release or parole for most 
        children under 18 years of age in the last several years;
Whereas the American Bar Association passed Resolution 107C earlier this year 
        calling on the Federal Government and all State governments to 
        retroactively abolish life without parole sentences for children;
Whereas the United Methodist Church and the Catholic Church have called for an 
        end to life without the possibility of release or parole sentences for 
        children;
Whereas 10 years ago the United States Supreme Court in Roper v. Simmons struck 
        down the death penalty for children under 18 years of age;
Whereas 5 years ago the United States Supreme Court in Graham v. Florida struck 
        down the use of life without the possibility of release or parole 
        sentences for non-homicide crimes committed by children under 18 years 
        of age; and
Whereas 3 years ago the United States Supreme Court in Miller v. Alabama struck 
        down the use of mandatory life without parole sentences and required 
        sentencing bodies to consider the mitigating factors of youth anytime a 
        child faces a potential life sentence: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) applauds and celebrates the anniversary of the 
        decisions by the Roper, Graham, and Miller courts for striking 
        down the death penalty and use of life without parole sentences 
        for non-homicide offenses and mandatory life without parole 
        sentences for children in the United States;
            (2) applauds and celebrates the State of Texas, Nevada, 
        Wyoming, Kentucky, Kansas, Colorado, Montana, Alaska, Hawaii, 
        Delaware, Massachusetts, Vermont, Connecticut, West Virginia, 
        California, Florida, and Washington for recent legislative 
        changes that eliminated life without the possibility of release 
        or parole sentences for children convicted of serious crimes in 
        their jurisdictions; and
            (3) encourages other State legislatures to recognize the 
        differences between children and adult offenders and eliminate 
        extreme sentences, like life without parole, for children 
        convicted of serious crimes.
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