Abstract

Excerpted From: Karina Cardenas, Reconsidering Life Without Parole: How SB 672 Reshapes Extreme Sentencing for Youth Offenders, 57 U. Pac. L. Rev. 221 (April, 2026) (152 Footnotes) (Full Document)

The United States disproportionately sentences Black and Brown children to die in prison. It continues to be the only country that sentences children to life without the possibility of parole (“LWOP”). Although case law and international law condemn sentencing children to LWOP, the practice continues. Edel Gonzalez was one of these children sentenced to LWOP at the age of sixteen. The judge imposed the sentence because of Gonzalez’s presence at an attempted carjacking that resulted in a homicide. Even though Gonzalez was unarmed and did not pull the trigger, the prosecutor imposed the same sentence as the shooter in the murder. Gonzalez was the youngest person to be sentenced to LWOP in Orange County.

Edel’s story highlights a pattern among many others. From 1995 to 2017, the criminal justice system sentenced over 11, individuals under the age of twenty-six to LWOP. The majority of these individuals are Black males. This inequity is partly shaped by historical racial disparities that portray Black children as older and less innocent than their White counterparts.

Sentencing a child without any possibility of ever reintegrating into society is cruel, excessive, and inhumane. A big part of this injustice stems from research which shows that complete neurodevelopment in children does not occur until the age of twenty-five. This means that the prefrontal cortex, which is responsible for cognitive tasks such as decision making, impulse control, risk assessment, and social awareness, remains underdeveloped. As a consequence, young adults are less likely to resist peer pressure and more likely to underestimate the consequences of their actions when coupled with adverse childhood traumas. When determining an individual’s criminal liability, the differences between a juvenile and an adult brain must be considered. SB 672 attempts to address this issue.

SB 672 is grounded within a reformative framework to incarceration that prioritizes legal equity and justice. It is a step towards mitigating juvenile incarceration--a response to America’s normalization of juvenile crime that is fueled by racism and the justice system’s failure to incorporate developmental research. This bill recognizes that youth offenders have a tremendous capability to change, rehabilitate, and develop into responsible and contributing members of society. With less individuals in prison and divestment of funds to youth justice systems, America can significantly reduce mass incarceration rates and eradicate the school-to prison pipeline.

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SB 672 is California’s much needed reform to juvenile LWOP sentences. Though past legislation has attempted to reform parole eligibility for incarcerated juveniles, no other Senate bills have protected youth offenders sentenced to LWOP between the ages of eighteen and twenty-five. SB 672 assures that these individuals are accounted for. Specifically, SB 672 recognizes that racism and a disregard of neuroscientific research in sentencing guidelines, distinguishing juvenile and adult brains, have normalized juvenile incarceration.

Although SB 672 would require the government to hire more parole board members to fulfill the influx of parole eligibility requests, the long-term financial effects are a worthwhile investment. Research has shown that formerly incarcerated individuals serving LWOP sentences who have re-integrated into their communities do not pose a risk to public safety. Altogether, SB 672 marks a pivotal step of establishing the foundation in transforming and revolutionizing how America deals with mass incarceration. Though the bill is currently paused for further review, the delay is beneficial in continuing to educate members of Congress. A person at nineteen is not “the same person at forty-five ... the law should reflect that truth.”

J.D. Candidate, University of the Pacific, McGeorge School of Law, to be conferred May 2027; B.A. Legal Studies and Psychology, University of California, Berkeley, 2021.