SPLIT-SENTENCING 1

Phase 1: Individual Project Colorado Technical University Online CJUS 285-02 October 21, 2011 Tami Helms

SPLIT-SENTENCING 2 Definition: Juvenile split-sentencing or blended-sentencing is a scheme by which the courts have the ability to sentence a Serious Young Offender (SYO), in both the juvenile court or the adult court or both. The goal here is for deterrence and rehabilitation with the option of punishment. While not all states allow blended sentences, those that do, have detailed descriptions of procedures, standards, burdens of proof, threshold offense, and minimum age requirements. I would be remiss if I did not mention here that some states have chosen one of the three models for blended sentences. The three models are an exclusive blended-sentencing model, inclusive blended-sentencing model, and contiguous blended-sentencing laws. The first, exclusive blended-sentencing model allows a judge to impose and make a disposition of either a juvenile or an adult sanction and makes that sanction effective immediately. Secondly, an inclusive blended-sentencing model, allows a judge to impose both a juvenile and an adult disposition, with the latter usually remaining suspended and becoming effective only in the event of a subsequent violation by the offender. Finally, some states have elected contiguous blended-sentencing laws, under which the juvenile court may impose a disposition that begins in the juvenile system but continues beyond the maximum age limit of extended juvenile court jurisdiction, at which time the offender must be transferred into the adult correctional system to serve the balance of their sentence. Examples of Successes: As long as its a young mind, theyre salvageable. At those tender ages, the mind is still pliable and can be shaped. Its not too late. Charles Dutton: Writer, director, actor, Brief of Former Juvenile Offenders in Support Of Petitioners, Graham / Sullivan v. Florida.

SPLIT-SENTENCING 3 I submit the case of Alan K. Simpson. While in high school in Cody, Wyoming, he and some friends constantly engaged in destructive behaviors of some very serious nature. These offenses were such as arson on federal property, shooting their guns throughout the neighborhood and destroying property. Alan pleaded guilty and received two years of probation. As he latter stated he was just generally raising hell. He later got into a bar fight and spent a night in jail. Alan thus resolved he would change his life and become a productive member of society through as he put it, creeping maturity. (Placeholder1) With the help of his probation officer, Alan K. Simpson went on to become a United States Senator for Wyoming. Among his many accolades he went onto to a law degree, Republican Whip in his tenure at the Senate. His life could have been much different if the circumstances were changed. He claimed his parole officer was a powerful influence in his life and the direction he chose to move onto. Ishmael Beah grew up in Sierra Leone a war-torn African country during his early teen years. As a child soldier at the age of thirteen he learned to shoot a gun, and use a bayonet. His family was killed by the rebels and he participated in the atrocities of war such as murder and torture. Beah was forced to join the government army to survive and became accustomed to the violence of war. During his enlistment he practiced beheading rebels with a bayonet; he shot prisoners in their feet and kept them alive for many hours in extreme pain, before finally killing them. He led small bands of soldiers in massacring entire villages. Can this young mind be rehabilitated to be a productive member of society? Beah credits UNICEF workers with the opportunity to discover himself. He came to the realization that he could be more than just a mindless instrument of destruction. Ishmael Beah moved to the United States and completed his high school, completed his Bachelor of Arts degree in political science.

SPLIT-SENTENCING 4 He since become an advocate for rehabilitation for children who have committed brutal acts. Beah has devoted his adult life to advocating for these children. Yes, a young mind, with proper influence, can be rehabilitated to be an inspiration and productive member to society. Examples of failures: According to research there is a small percentage of transfer or recidivism. The founding of the juvenile courts in 1899 was based on the rehabilitation and prevention than punishment of the offender. Failure of the blended-sentencing system has too few actual cases for examples. The failure comes into play when the courts deem it necessary to forego the second chance ability of the blended-sentence model. The case of 18 year old Lamont Davis who was convicted and sentenced for attempted murder of the seriously injured 5 year old, Raven Wyatt. His sentence of two life terms plus 30 years precluded any second chance possibilities. Another failure of blended sentences from the research it appears that race, and geographical location has a great effect on who benefits from the second chance criteria. If a mistake is made by sentencing a young offender in the juvenile system the adult component is always there as a safety net. Effectiveness: It is the opinion of this writer that split sentencing is very effective in both rehabilitation and prevention of youthful offenders. We are faced with the moral dilemma of the very serious nature of some youthful crimes but must be cognizant of the ability of rehabilitation to salvage a life to productive society. Leniency: The research of the past ten years bears out the fact that split sentencing is not too lenient on the offenders as proven by the very low percentage rates of transfer. I have come to the

SPLIT-SENTENCING 5 conclusion that given the proper treatment options and rehabilitation we can turn a young mind to full and productive life back into society safely.