The Denver Post published a piece by Jessica Peck Corry yesterday called A Teen’s Crime, A Lifetime to Pay, and I was fascinated by the comments. Erik Jensen is one of an estimated 60 percent of the juveniles sentenced to life without parole in Colorado since 1998 who are there because of a felony murder conviction. The felony murder rule makes any participant in a felony criminally responsible for deaths that occur during the commission of the underlying crime. Erik participated in covering up the commission of the murder of Nathan Ybanez’s mother, but did not participate in her murder.
Felony murder, at the time of Erik’s crime meant an automatic sentenced of Life Without the Possibility of Parole, or LWOP. Although the state overturned the mandatory LWOP sentence in 2006, the change was not made retroactive to include the 48 people who were already serving the sentence.
I hope that this site and this post might attract those with an understanding of sentencing law, because I am unable to understand how a sentence that was determined to be inappropriate, could be held up for those already serving it.
Please comment if you have thoughts on this.
7 responses so far ↓
Karen DeGroot Carter // January 23, 2008 at 4:09 pm
Lisa, that article and the comments that follow shed incredible light on the complexities of these cases. Thanks for the link; I’m impressed by your ability to get an immediate handle on all this and your willingness to open up a space for discussion on such an important topic. Though misunderstandings and emotions may run high, the fact remains that the lives of innocent people are at stake; these discussions need to take place if the crime of inappropriate sentencing of juveniles is ever to be addressed and corrected. K.
Charles Gramlich // January 23, 2008 at 4:57 pm
Definitely here the new law should be made retroactive.
lisakenney // January 24, 2008 at 12:40 am
Karen and Charles,
Thank you for taking the time to read and comment. Our State has taken positive steps, in that this sentence is no longer imposed, but we need to figure out how those left out of this decision can be helped. Thank you again for caring.
anonymous // February 26, 2008 at 3:05 pm
I think everyone in the U.S. should watch the Frontline program “When Kids Get Life”, which featured Erik Jensen’s case among others. I remember, after watching this program, thinking that even as an adult I might have done just what Erik did. No reasonable human could think that Erik deserves a life sentence, and especially not LWOP. 2 years in prison, maybe. That’s what his “crime” deserved. It’s outrageous !
lisakenney // February 26, 2008 at 3:38 pm
Thank you for commenting. I think “When Kids Get Life” really is an eye opener for everyone who sees it and I’m grateful that Frontline continues to make it available to watch online.
Matthew Collin Hays // May 7, 2008 at 3:35 am
Where is the petition?
I want to sign it immediately.
I believe Erik’s situation is above all an injustice.
A wrong place at the wrong time sort of deal.
I am a fair guy and my views are generally concrete.
Erik DOES NOT deserve a life sentence. He’s done 10 years already and maybe 2 - 5 more years is reasonable, but life? …without cance of patrol?!
What has the American justice system come to?
This is an outrage.
Something must be done.
WHERE’S THE PETITION?
lisakenney // May 7, 2008 at 7:36 am
Matthew, Thank you for reading and commenting. I don’t know that there is a petition to address Erik’s case, but you can always send a note to Governor Ritter at http://www.colorado.gov/apps/oit/governor/citizen/assistanceUtility/welcome.jsf
The other thing that you can do to find out how you can help is to contact The Pendulum Foundation (link is at the top of the sidebar at this site) and you can check out the website for Erik’s Next Day Foundation (link is listed under the Resources sidebar).
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