FROM OUR FOUNDER - What we ask for

 

WAS IT CRUEL AND UNUSUAL PUNISHMENT TO CHARGE A CHILD WITH AGGRAVATED MURDER BEFORE BEING DECLINED INTO ADULT COURT? 

- An explanation by D., founder of RJOY -

That is the question raised: not that a child committed a heinous act, but rather, was charging a child with a crime that is only allowed under the Washington States Adult Criminal Code (and which carries an automatic sentence of Death or Life Without Parole) justifiable before they reached the Adult court system.
Under the Washington State Juvenile Justice Act of 1977, a juvenile can be declined into adult court where the nature of the crime when weighed against rehabilitation, supports that the community, as well as the juvenile will benefit from a sentence outside the juvenile range, as the juvenile system only has the power to hold a child until their 21st birthday. It also states that under warranted circumstances and findings the court can apply aggravated factors to enhance a child defendant’s time in the adult system so as to facilitate rehabilitation. 

There are two different sentencing guidelines in the state of Washington, one for adults and one for children; both use the same Revised Code of Washington (RCW), but there are certain crimes not listed under the charging or sentencing guidelines for juveniles under the Juvenile Rehabilitation Act (JRA), that are reserved for the Adult Sentencing Reform Act (SRA): Aggravated Murder is one such crime. 

One can argue that charging a child with Aggravated Murder while still under the jurisdiction of the JRA, is to find him already guilty and declinable, and guaranteeing him a sentence of LWOP, because to not decline the child causes the JRA system not to have the ability to Charge, Try, or Sentence a child for the crime of Aggravated Murder, as the JRA guidelines only go as high as the crime of Murder in the First with a sentence range of 180 weeks up to age 21. 

The act of charging Aggravated Murder before decline allows the court system, once declined, to use Murder in the First as a plea bargain option carrying a sentence of 26 years 8 months, when Murder in the First should have actually been the primary charge (before and during decline) under which the Child entered the Adult legal system.
Once found guilty of the crime Murder in the First, aggravated factors could be applied to enhance the maximum sentence of 26y8m, as is the reasoning of the Juvenile Justice Act of 1977.
Now with legislation enacting SSB 5064, which calls for all juveniles aged 15 and below, to be automatically resentenced to 25 years to life for the crimes of Aggravated Murder, and presumes them releasable under the new legislation, was it not Cruel and Unusual Punishment? An 8th amendment violation not only under federal law, but under Washington law carries even more protection! 

Instead of resentencing with the charge of Aggravated Murder, and keeping that option open to charge children before decline in the future, the Courts should rule on its Cruel nature and amend all juveniles declined under Aggravated Murder to Murder in the First and sentence accordingly. 

Please join us in trying to rectify this by signing our online petition calling for the amendment of the charge of Aggravated Murder for all Juveniles previosly declined under such charge, as well as for all those yet to be declined, and its replacement with a Murder in the First charge:

https://www.change.org/RightfulSentencingJuveniles

Thank you for your concern and help!

Sincerely,

The Rightful Justice for Our Youth Committee