TO WHOM IT MAY CONCERN

Dear ______________________:

 

The United States Supreme Court ruled a decade ago, that Juveniles cannot be automatically sentenced to life without parole. This decision was based heavily on the fact that juveniles have a lower level of executive functioning and do not make decisions the same as adults. Many States have adopted legislation that prohibits juveniles from receiving an automatic sentence of life without parole. The U.S. Supreme Court has also ruled that it is unconstitutional to impose the death penalty on the mentally ill.

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A number of juvenile and adult criminal defendants have a mental or neurological disability or low executive functioning, but they are not considered incompetent under current competency measures. These same criminal defendants, however are suppose to be protected under the Americans with Disabilities Act and State Disability Acts. For instance autistic criminal defendants generally have low executive functioning and low social awareness, not unlike juveniles who are given far more lenient sentences than adults, including juvenile lifers who are being resentenced. Secondly, these criminal defendants can have significant disadvantages with communication and navigating the criminal justice system. However, in most States there are no accommodations for criminal defendants who have a recognized mental or neurological disability or low executive functioning. The Americans with Disabilities Act and many State Disability Acts require accommodations to be provided to persons with recognized disabilities. This has been slow to reach the criminal justice system. Secondly, disabilities can effect and play a role in a persons behavior. These defendants should be provided the appropriate accommodations and granted some leniency in the level of conviction and sentence they receive. [Criminal Defendants with mental or neurological disabilities are susceptible to far more stress while incarcerated than other criminal defendants. The purpose of imprisonment is to inflict stress verses corporal punishment. Analogously, these defendants receive a greater amount of punishment as their stress per average day would generally exceed 100% of that of the average incarcerated person.] Lastly, legislation to provide for this should have a retroactive application to correct any injustices of the past when these defendants were not properly diagnosed, provided accommodations or granted some form of leniency with the conviction and sentence.

The enclosed proposal, provides an equal footing for these disadvantaged criminal defendants by: 1) ensuring they have appropriate communication and decision making, 2) recognizing [a general presumption that] their Sixth Amendment right to counsel could not have been protected without appropriate communication and decision making, 3) providing some leniency at sentencing including prohibiting mandatory minimum sentences or an automatic sentence of life without parole, and 4) providing relief from past failures.

 

Thank you for reviewing this proposal and providing necessary feedback.

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Sincerely;

Kevin L. Tower #253542
Lakeland Correctional Facility
141 First Street
Coldwater, MI 49036