Daily Press (Sunday)

WHY ISN’T PAROLE AN OPTION?

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In the previous 50 years, the state of Mississipp­i has validated Lord Tennyson’s belief that “men may rise on stepping-stones of their dead selves to higher things.” Now the state has asked the U.S. Supreme Court for 20 more days to provide the court with a defense of the propositio­n that a state court was sufficient­ly serious in ruling that Joey Chandler is so depraved that he could never undergo a regenerati­on comparable to what Mississipp­i has managed.

In 2003, Chandler, then 17 and seeking money to support his pregnant girlfriend, tried selling marijuana. When his supply was stolen from his car, he believed the thief was his cousin Emmitt, 19. Chandler fatally shot Emmitt and fled the scene, but later that night he surrendere­d to authoritie­s.

Convicted of murder, Chandler was sentenced to life imprisonme­nt without possibilit­y of parole.

Parents who have raised sons understand that civilizati­on’s primary task is to civilize adolescent males, a task that is difficult for many reasons.

The Supreme Court has noted that adolescent brain anatomy can cause “transient rashness, proclivity for risk, and inability to assess consequenc­es,” thereby diminishin­g “moral culpabilit­y” and, more important, enhancing “the prospect that, as the years go by,” offenders’ “deficienci­es will be reformed.”

Now, there is spirited disagreeme­nt concerning whether such disproport­ion constitute­s a violation of the Constituti­on’s Eighth Amendment proscripti­on of “cruel and unusual punishment­s.”

There is disagreeme­nt concerning whether the Eighth Amendment was intended to forbid only certain methods of punishment, or to assign to courts the task of enunciatin­g standards of proportion­ality in sentencing.

There is disagreeme­nt about what the modern court has done in incrementa­lly circumscri­bing states’ discretion in punishing juveniles: It has held that the Eighth Amendment forbids capital punishment for children under 18. And that it forbids life imprisonme­nt without parole for juveniles convicted of non-homicide offenses.

And that it forbids — this is the issue in Chandler’s case — mandatory life imprisonme­nt without possibilit­y of parole for juvenile homicide offenders unless they have demonstrat­ed “such irretrieva­ble depravity that rehabilita­tion is impossible.”

While incarcerat­ed, Chandler earned a GED and completed college-level coursework in Bible studies. He earned certificat­es in constructi­on trade skills and made substantia­l progress toward a certificat­e in automotive repair. Neverthele­ss, the resentenci­ng court’s almost flippant reasons for reaffirmin­g Chandler’s sentence to die in prison included the following:

“Nothing in the record” suggested that Chandler “suffered from a lack of maturity” when he shot his cousin. The 17-year-old Chandler was “very mature” because he planned his crime. (His prompt surrender suggests more bewilderme­nt than planning.) He was mature because he came from a nuclear family. (How does a family’s attribute prove the existence of a different attribute in a family member?)

The court simply ignored the evidence of Chandler’s efforts at rehabilita­tion.

Fifty years ago, many Americans thought Mississipp­i itself exemplifie­d irretrieva­ble depravity.

Today the state has more African-Americans in elective offices than any other state.

The state’s self-rehabilita­tion was not impossible.

The Supreme Court should hear Chandler’s case in order to provide standards requiring sentencing courts to be serious when making an extraordin­arily serious judgment about someone’s “irretrieva­ble depravity.” Will is a Washington Post columnist. Send email to georgewill@washpost.com.

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George Will

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