Are there any persons serving LWOP for capital murders they committed when they were younger than 17?
There are currently 4 such persons sentenced to TDCJ.
Why should juveniles who commit heinous crimes not get the harshest legal sentence available since the death penalty cannot be applied?
From Roper v. Simmons SCOTUS decision:
“Three general differences between juveniles under 18 and adults demonstrate that juvenile offenders cannot with reliability be classified among the worst offenders. Juveniles’ susceptibility to immature and irresponsible behavior means “their irresponsible conduct is not as morally reprehensible as that of an adult.” Thompson v. Oklahoma, 487 U.S. 815, 835. Their own vulnerability and comparative lack of control over their immediate surroundings mean juveniles have a greater claim than adults to be forgiven for failing to escape negative influences in their whole environment. See Stanford, supra, at 395. The reality that juveniles still struggle to define their identity means it is less supportable to conclude that even a heinous crime committed by a juvenile is evidence of irretrievably depraved character. The Thompson plurality recognized the import of these characteristics with respect to juveniles under 16. 487 U.S., at 833—838. The same reasoning applies to all juvenile offenders under 18.”
The following crimes are Capital Murder in Texas:
• murder of a public safety officer or firefighter;
• murder during the commission of kidnapping, burglary, robbery, aggravated sexual assault, arson, or obstruction or retaliation;
• murder for remuneration;
• murder during prison escape;
• murder of a correctional employee;
• murder by a state prison inmate who is serving a life sentence for any of five offenses (murder, capital murder, aggravated kidnapping, aggravated sexual assault, or aggravated robbery);
• multiple murders;
• murder of an individual under six years of age (– taken from TDCJ website)
Transfer to Adult Court Process:
Texas Family Code Section 54.02
The juvenile court may waive its exclusive original jurisdiction and transfer a child to the appropriate criminal district court to be tried as an adult if the child is alleged to have violated a penal law of the grade of felony if the child was 14 years of age or older at the time he is alleged to have committed the offense, if the offense is a capital felony, an aggravated controlled substance felony, or a felony of the first degree; or 15 years of age or older at the time the child is alleged to have committed the offense, if the offense is a felony of the second or third degree or a state jail felony.
The juvenile court judge is not required to certify a child to stand trial as an adult. It’s a judgment call. The juvenile court judge will investigate the matter and hold a hearing on the transfer request. The judge orders a complete diagnostic study, social evaluation, and a full investigation of the child, his circumstances, and the circumstances of the alleged offense. At the transfer hearing the court may consider written reports from probation officers, professional court employees, or professional consultants in addition to the testimony of witnesses. In making her decision whether to transfer the case to the adult court, the judge considers: (1) whether the alleged offense was against person or property, with greater weight in favor of transfer given to offenses against a person; (2) the sophistication and maturity of the child; (3) the record and previous history of the child; and (4) the prospects of adequate protection of the public and the likelihood of the rehabilitation of the child by use or procedures, services, and facilities currently available to the juvenile court.
