What is the nature and scope of the problem?

Much of what we know about this issue comes from a series of reports by the Bureau of Justice Statistics (BJS) on incarcerated parents and their children, that in turn, are based upon periodic national surveys of inmates in state and federal prisons. The latest such report was released in August 2008.2 It found that, in 2007, slightly more than 1.7 million children under age 18 had a parent in state or federal prison, representing 2.3 percent of the total U.S. child population. The number of children with a father in prison increased from 881,500 in 1991 to more than 1.5 million in 2007, a 77 percent increase. During that time, the number of children with a mother in prison increased by 131 percent, from 63,900 to 147,400.

          In 2007, 744,200 male prison inmates had minor children, compared to 65,500 women inmates. Most prisoners had at least one child under age 18 (52 percent of state inmates and 63 percent of federal inmates). Sixty-two percent of women in state prison and 56 percent of female inmates in federal prison were parents of minor children, compared to 51 percent of male state prisoners and 63 percent of male federal inmates.

What do we know about these children’s race and age?

         In 2007, the population of minor children of incarcerated parents consisted of approximately 484,100 white, non-Hispanic children (one in 110 white children), 767,400 black, non-Hispanic children (one in 15 black children), and 362,800 Hispanic children (one in 41 Hispanic children). Black (54 percent) and Hispanic (57 percent) men in state prison were more likely than white men (45 percent) to be parents. The likelihood that women in state prison were parents did not vary by race.

         About half of these children were age 9 or younger. Thirty-two percent were between the ages of 10 and 14, and 16 percent were between the ages of 15 and 17.

Incarcerated Parents

The nation’s growing prison and jail population has raised serious questions about the collateral effects of incarceration on children, families and communities. Whatever one’s views about the appropriate role of incarceration in the criminal justice system, it is clear that imprisonment disrupts positive, nurturing relationships between many parents—particularly mothers—and their children. In addition, many families with children suffer economic strain and instability when a parent is imprisoned. Research suggests that intervening in the lives of incarcerated parents and their children to preserve and strengthen positive family connections can

yield positive societal benefits in the form of reduced recidivism, less inter-generational criminal justice system involvement, and promotion of healthy child development. In the words of a researcher, “studies indicate that families are important to prisoners and to the achievement of major social goals, including the prevention of recidivism and delinquency.”

      Because this area is fraught with major data gaps, it is recommended that policymakers begin their exploration of the subject by posing a series of questions to their staffs and the heads of agencies with jurisdiction over law enforcement, corrections, child welfare, education and welfare, as well as child advocates, the university community and others who have an interest in ensuring the well-being of children whose parents are in custody.

         This report proposes a list of such questions, each followed by a discussion that is intended, not so much as a definitive answer, but as general background information. The information identifies only general trends, since specific answers to the questions posed will differ by state, depending on factors such as the existing policy context and service array, demographic trends and available data.

Thousands of Children Sentenced to Life without Parole

There are at least 2,225 child offenders serving life without parole sentences in U.S. prisons for crimes committed before they were age 18. Kids who commit serious crimes shouldn't go scot-free, but if they are too young to vote or buy cigarettes, they are too young to spend the rest of their lives behind bars.


While many of the child offenders are now adults, 16 percent were between 13 and 15 years old at the time they committed their crimes. An estimated 59 percent were sentenced to life without parole for their first-ever criminal conviction. Forty-two states currently have laws allowing children to receive life without parole sentences. In 1990, 2,234 children were convicted of murder and 2.9 percent sentenced to life without parole. By 2000, the conviction rate had dropped by nearly 55 percent (1,006), yet the percentage of children receiving life without parole sentences rose by 216 percent (to nine percent).

“Untie the hands of state and federal judges and prosecutors,” said Dr. William F. Schulz, Executive Director of Amnesty International USA (AIUSA). “Give them options other than turning the courts into assembly lines that mass produce mandatory life without parole sentences for children, that ignore their enormous potential for change and rob them of all hopes for redemption.”


In 26 states, the sentence of life without parole is mandatory for anyone who is found guilty of committing first-degree murder, regardless of age. According to the report, 93 percent of youth offenders serving life without parole were convicted of murder. But Human Rights Watch and Amnesty International found that an estimated 26 percent were convicted of “felony murder,” which holds that anyone involved in the commission of a serious crime during which someone is killed is also guilty of murder, even if he or she did not personally or directly cause the death.

For example, 15-year-old Peter A. was sentenced to life without parole for felony murder. Peter had joined two acquaintances of his older brother to commit a robbery. He was waiting outside in a van when one of the acquaintances botched the robbery and murdered two victims. Peter said, “Although I was present at the scene, I never shot or killed anyone.” Nevertheless, Peter was held accountable for the double murder because it was established during the trial that he had stolen the van used to drive to the victims’ house.
Widespread and unfounded fears of adolescent “super-predators”—violent teenagers with long criminal histories who prey on society—prompted states to increasingly try children as adults. Ten states set no minimum age for sentencing children to life without parole, and there are at least six children currently serving the sentence who were age 13 when they committed their crimes. Once convicted, these children are sent to adult prisons and must live among adult gangs, sexual predators and in harsh conditions.

There is no correlation between the use of the life without parole sentence and youth crime rates. There is no evidence it deters youth crime or is otherwise helpful in reducing juvenile crime rates. For example, Georgia rarely sentences children to life without parole but it has youth crime rates lower than Missouri, which imposes the sentence on child offenders far more frequently.

Public safety can be protected without subjecting youth to the harshest prison sentence possible. Nationwide, black youth receive life without parole sentences at a rate estimated to be ten times greater than that of white youth (6.6 versus 0.6). In some states the ratio is far greater: in California, black youth are 22.5 times more likely to receive a life without parole sentence than white youth. In Pennsylvania, Hispanic youth are ten times more likely to receive the sentence than whites (13.2 versus 1.3).

The United States is one of only a few countries in the world that permit children to be sentenced to life without parole. The Convention on the Rights of the Child, ratified by every country in the world except the United States and Somalia, forbids this practice, and at least 132 countries have rejected the sentence altogether. Thirteen other countries have laws permitting the child life without parole sentence, but, outside of the United States, there are only about 12 young offenders currently serving life sentences with no possibility of parole.


Human Rights Watch and Amnesty International also challenged the presumption that the youth offenders are irredeemable, which is implicit in the sentence they have received. Children who commit serious crimes still have the ability to change their lives for the better. It is now time for us to take positive steps by enacting policies that seek to redeem children, instead of throwing them in prison for the rest of their lives. The J.I.T Outreach Program is calling on the United States to end the practice of sentencing child offenders to life without parole. For those already serving life sentences, immediate efforts should be made to grant them access to parole procedures.