A week ago, I caught PBS's Frontline episode, "When Kids Get Life"" It should be required viewing for all PDs (and probably all defense attorneys generally). The episode tracks the stories of five young men, each convicted of murder in Colorado and sentenced to life in prison without parole. The cases ranged from clear guilt, with no mitigation (beyond age, of course), to at least one case in which it seems clear, in my mind at least, that the kid is innocent of murder entirely. All are equally disturbing in the picture they paint of the fundamental unfairness of sending kids to prison for life.
Defense attorneys will be (or should be) particularly alarmed by the boys' descriptions of their legal representation. Ineffective just isn't the right word to describe representation some of them received -- witnesses were not called, mitigation evidence was not presented, clear conflicts of interest went unchecked. It seems as though if the death penalty is not on the table, the justice system is just content to treat these cases as ordinary, and they clearly are not.
Frontline also did an excellent discussion of felony murder. The experts addressed both the general unfairness of the rule, but also the brought out the exaggerated impact it has on youthful offenders who are more likely than adults to engage in reckless group behavior that could lead to deadly consequences triggering that old common law dinosaur.
So, go, and watch it now! you can watch it online anytime.
