News / The Fair And Just Journal

By Jose Burgos

Across the United States, the use of life without parole (LWOP) sentences for emerging adults persists, despite mounting evidence of its ineffectiveness and cruelty. It is far past time to reevaluate these sentences if we are seeking a criminal legal system that is rooted in fairness, rehabilitation, and the recognition that all young people are more than their worst mistake.

The Problem with Life Without Parole for Emerging Adults

Scientific research confirms what common sense has always taught us – young people do not operate on the same cognitive level as fully-formed adults. The adolescent brain continues to develop into the mid-20s. As a result, teenagers and young adults have diminished impulse control and decision-making, they do not fully appreciate the risks and consequences of their conduct, and they are more susceptible to peer influence. This reality challenges the notion that young people possess the same culpability as fully mature adults.

The U.S. Supreme Court has repeatedly recognized these fundamental differences. In Miller v. Alabama, the Court ruled that mandatory LWOP sentences for youth violate the constitutional protection against cruel and unusual punishment. The incomplete legacy of this ruling persists because many jurisdictions continue to impose these extreme sentences on emerging adults, even when they are not yet old enough to purchase alcohol or rent a car.

The consequences of such draconian sentences are severe. They fail to account for the significant capacity for rehabilitation and transformation among young people. Instead, LWOP condemns them to a lifetime of incarceration, denying them the opportunity to change and contribute positively to their communities and families.

The Case for Change

• Potential for Growth and Rehabilitation: Young people have a unique ability to grow and change; the vast majority of young people “age out of crime.” Condemning people as young as 19 and 20 years old to die in prison without hope disregards this potential and the principles of restorative justice, which prioritize accountability, healing, and reintegration.
• Aligning with Public Opinion: Public sentiment is shifting away from punitive measures and toward approaches that emphasize rehabilitation and second chances. Polling data consistently show that voters support alternatives to endless punishment for emerging adults. And a 2022 national survey revealed that 69% of crime victims favor reducing the number of people in jail through safe alternatives like diversion, community service, or treatment programs.
• Reducing Recidivism and Enhancing Public Safety: Research indicates that punitive sentences like LWOP do little to enhance public safety. Studies show that emerging adults who are released after serving lengthy sentences have among the lowest recidivism rates of any incarcerated population. A report from The Sentencing Project found that individuals sentenced to life who are released have a recidivism rate of less than 5%, demonstrating that with support and opportunity, they reintegrate successfully and contribute meaningfully to society by running violence intervention programs, working as substance abuse counselors, and directing restorative justice programs.

My Second Chance—and Why Every Young Person Deserves One

I know firsthand the devastating impact of life without parole sentences for young people. Sentenced at just 16 years old to die in prison, I spent 27 years in the Michigan Department of Corrections before finally being granted a second chance. But my story is not one of despair—it is one of transformation, resilience, and an unwavering commitment to ensuring that no other young person is condemned without hope.

During my incarceration, I committed myself to education, personal growth, and mentorship. I became a guiding light for others, dedicating my time to mentoring incarcerated youth and advocating for rehabilitative opportunities. I emerged from prison not just as a free man, but as a leader in the fight for justice reform.

Since being released in 2018, I have dedicated my life to ensuring that others receive the same opportunity for redemption as an advocate, mentor, and policy advisor, fighting to end juvenile life without parole and advocating for fairer sentencing laws for emerging adults. This commitment to justice has led to real, tangible change.

In 2019, I joined the State Appellate Defender Office’s Project Reentry where I had the opportunity of working with men and women who were now in the process of being re-sentenced or those getting ready to be interviewed by the Michigan Parole Board. The following year, I was appointed by Michigan Governor Gretchen Whitmer to the Michigan Committee on Juvenile Justice, recognizing my lived experience as invaluable to shaping policies that impact young people in the justice system. But the work doesn’t stop there.

Today, I am grateful to play a critical role at the Campaign for the Fair Sentencing of Youth, where I work tirelessly to end life without parole for children in the State of Michigan and across this country. This advocacy includes public education, legislative reform, and direct support for individuals reentering society.

Beyond policy, I serve as a mentor and role model for returning citizens, many of whom have found their own unique ways of serving and strengthening their communities. I’ve sat with families affected by violence, worked with community organizations to create pathways to success for formerly incarcerated individuals, and spoken in schools and churches about the power of redemption. I hope my presence alone counters the myth that people are incapable of change; my life proves every young person deserves the hope of another chance, regardless of their history.

Recommendations for Local Jurisdictions

My journey underscores a broader truth: when given the chance, young people can grow, heal, and contribute meaningfully to their communities—now it’s time for local jurisdictions to embrace policies that reflect that fact. To move away from the use of LWOP for emerging adults, local jurisdictions should:

• End LWOP Sentences for Emerging Adults: Recognize the developmental differences that make such sentences inappropriate for youth and emerging adults, who have the profound potential to move beyond their worst moment.
• Implement Sentencing Review Mechanisms: Establish processes to reevaluate lengthy, outdated sentences, offering individuals the chance to demonstrate growth and rehabilitation, and align sentences with today’s standards of justice and fairness.
• Invest in Community-Based Solutions: Prioritize resources for programs that support education, mental health, and workforce development for young people.
• Engage in Transparent Dialogue: Involve communities, survivors, and justice-impacted individuals in shaping policies that reflect shared values and priorities.

Conclusion

Eliminating LWOP for emerging adults is not only a moral imperative but also a practical step toward a more just and effective legal system. When we give emerging adults second chances, we overwhelmingly succeed. I’m living proof of that. I haven’t just reintegrated—I’ve become a leader, a mentor, and a champion for justice. Local jurisdictions must seize the opportunity to lead the way in creating a justice system that prioritizes second chances over permanent punishment. By doing so, we can ensure a future where all young people have the opportunity to grow, change, and contribute to their communities.

Jose Burgos is the Campaign for the Fair Sentencing of Youth’s Michigan Campaign Coordinator and member of the Incarcerated Children’s Advocacy Network.