Should juveniles who were tried as adults in Colorado for sex offenses, be given special consideration
Coloradans like to believe that we are a state known for valuing both justice as well as personal responsibility. And that includes holding juveniles accountable when they commit heinous sex offenses. But when it comes to sentencing these young offenders, should there be some special considerations given?
This is the question currently being tackled by the Colorado Supreme Court as they weigh the constitutional implications of a law that allows for lifetime sentences for juveniles tried as adults in sex offenses.
The case at hand involves Omar Ricardo Godinez, who was convicted of two brutal rapes when he was just fifteen years old. Despite his age, he was charged as an adult and sentenced to 32 years to life under the Sex Offender Lifetime Supervision Act (SOLSA). This law, enacted in 1998, mandates life sentences for felony sex offenses with the possibility of parole only if the offender completes treatment.
But Godinez argues that this law goes against the Eighth Amendment's prohibition on cruel and unusual punishment, specifically for juveniles. According to the U.S. Supreme Court, juveniles must have a "meaningful opportunity to obtain release" and their maturity and potential rehabilitation must be considered. And it is these two factors that are not explicitly mentioned in SOLSA.
Now, the 10th Circuit Court of Appeals has turned to the Colorado Supreme Court for clarification on whether SOLSA requires, permits, or prohibits the consideration of maturity and rehabilitation for juveniles sentenced under this law.
And while Godinez's lawyer believes that the number of people directly affected by this decision may be small, he argues that it is a matter of constitutional rights for those juveniles who did find themselves being tried as adults for sex offenses.
But the argument goes deeper than just this one case.
The U.S. Supreme Court decision in Graham v. Florida, which prohibits life sentences without the possibility of parole for non-murder juvenile offenders, also raises the question of whether Colorado is complying with this ruling. And while the Supreme Court declined to hear Godinez's case before, it is now up to our state's highest court to provide an answer.
Many argue that juveniles are not fully matured and do not have the same sense of responsibility as adults, making them less culpable for their actions. However, this should not mean that they are not held accountable for their crimes. As the state's Court of Appeals noted in their decision, Colorado's Supreme Court previously upheld the use of lifetime sentences for juveniles in multiple conviction cases. And it is the responsibility of our judges to consider all factors, including the severity of the crime and the safety of our communities, when imposing sentences.
But what about rehabilitation?
Should it not be a factor for juveniles, who have their entire lives ahead of them? The state argues that maturity can be "baked into" a person's progress in sex offender treatment. And this is something that will ultimately need to be addressed by the state Supreme Court.
As First Assistant Attorney General John T. Lee stated during oral arguments, "a state is not required to guarantee eventual freedom to a juvenile offender." But that should not mean that their potential for rehabilitation is completely disregarded. And it is this important question that the Colorado Supreme Court must answer.
READ MORE:
As the 10th Circuit Court of Appeals noted, the factors used by SOLSA to determine parole eligibility must encompass both maturity and rehabilitation to satisfy the Eighth Amendment. And it is up to the Colorado Supreme Court to determine if this is indeed the case.
Sex offenses are serious crimes and juveniles who commit them must face the consequences. But it is also important to remember that these are still young and developing individuals who may have the potential to turn their lives around.
It will be up to our state's highest court to strike a balance between justice and mercy for these juvenile offenders.