Short of the death penalty, life without parole is the most serious and harsh penalty that the criminal justice system can give out. Because of that, the United States Supreme Court has long recognized that it is unconstitutional to give that penalty to juveniles, no matter what their crimes. Juveniles must have some avenue for parole, no matter how remote or difficult, otherwise, their constitutional rights are violated.
Case Challenges Maryland’s System
A federal case being heard by a Maryland judge is testing Maryland’s own parole system against that standard. In a suit brought by the ACLU, a number of individuals convicted when they were minors of various crimes are arguing that Maryland’s system of parole for juveniles is a system of parole in name only—in other words, practically speaking juveniles rarely, if ever, qualify for parole.