by Donna M. Carbone
In 2009, the Supreme Court began deliberations into whether life sentences without parole are justified for juveniles who have been found guilty of crimes not including murder. Florida, being the largest user of this sentencing option, was their primary focus.
On November 15, 2009 the opinion page of the Palm Beach Post featured commentary by Florida Assistant Attorney General John Bajger. Entitled "If crime isn't murder, life without parole is too much," Mr. Bajger devoted a large portion of his writing to describing some of the juveniles serving life sentences. He briefly touched on their crimes but never gave specific details. At the time, I found it morally reprehensible that he devoted a mere three sentences to the Dunbar Village attack. To fully understand my outrage, you need to be familiar with the case, which is once again in the news due to the need for resentencing based on the Supreme Court’s ruling.
Mr. Bajger wrote that, "By focusing on punishment alone, the system is blind to factors that should mitigate juvenile sentences." He also claimed that such sentencing "contains a disturbing racial aspect."
I resent when the race card is thrown into rational discussion. Are there more minority offenders in Florida prisons? Probably. Do they commit a large percentage of the crimes? I don't have exact figures, but based on the population and the statistics available, I would have to say yes. Does my favoring a life sentence make me a racist? No. A criminal’s skin color is unimportant to me. I want all criminals punished and removed from the streets so that good people, regardless of their ethnicity, are protected.
Mr. Bajger further stated that, "As a civilized society that believes in the sanctity of all human life, we cannot permit our criminal justice system to throw away the lives of juveniles as irretrievably bad."
Read the details of the Dunbar Village case and tell me if the men who committed this crime displayed any sense of sanctity for human life. Yes, men... not boys. In 2009 State Rep. William Snyder explained it very succinctly. "At a certain point, juveniles cross the line, and they have to be treated as adults and punished as adults."
I have often heard people claim the nurture versus nature argument in defending their position against the without parole stipulation. Pain is something we learn at a very early age; perhaps, from the very moment of birth. We’ve all felt it. We all know it isn’t pleasant. Thus, if we know pain and we do not want to suffer pain, why do some willingly inflict it on others?
The men involved in the Dunbar Village attack perpetrated unspeakable cruelties on their victims. They could have stopped; walked away at any time. Rather, they discussed what further tortures they could inflict. They were not coerced or threatened. They made a conscious decision to continue their heinous actions.
There comes a time when we must recognize that just because we are human does not mean we are humane. Those who have forsaken humanity, no matter their age, should wait for final judgment in prison where they can't hurt anyone else.
Recently, Palm Beach County Judge Krista Marx had the thankless job of resentencing the men involved in the Dunbar Village case as well as others guilty of horrific acts of violence. Attorneys expressed doubt that what they deemed her “harsh” sentencing of 60 years would hold up on appeal. Harsh? Harsh is what happens to rape victims. Harsh is a woman being forced to bear unspeakable pain and never having the luxury to forget. A “harsh” sixty years is a mere slap on the wrist for these criminals.
To the court, rape is defined as assault, but to the victim, rape is homicide. Something within dies and can never be revived. Victims lose their independence. They lose trust. They lose a part of themselves. Rape survivors are the walking dead. Their scars may be below the surface, but they are deep and everlasting. They deserve to see their attackers punished.
There is no parole for victims. They suffer terror for the rest of their lives. Perpetrators should be punished for just as long.
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