Most adults convicted of the kinds of crimes with which Trina, Ian, and Antonio were charged are not sentenced to life imprisonment without parole. In the federal system, adults who unintentionally commit arson-murder where more than one person is killed usually receive sentences that permit release in less than twenty-five years. Many adults convicted of attempted murder in Florida serve less than ten years in prison. Gun violence with no reported injuries frequently result in sentences of less than ten years for adult defendants, even in this era of harsh punishments.

Children who commit serious crimes long have been vulnerable to adult prosecution and punishment in many states, but the development of juvenile justice systems has meant that most child offenders were sent to juvenile detention facilities. Juvenile justice systems vary across the United States, but most states would have kept Trina, Ian, or Antonio in juvenile custody until they turned eighteen or twenty-one. At most, they might have stayed in custody until age twenty-five or older, if their institutional history or juvenile detention record suggested that they were still a threat to public safety.

In an earlier era, if you were thirteen or fourteen when you committed a crime, you would find yourself in the adult system with a lengthy sentence only if the crime was unusually high-profile — or committed by a black child against a white person in the South. For instance, in the infamous Scottsboro Boys case in the 1930s, two of the defendants, Roy Wright and Eugene Williams, were just thirteen years old when they were wrongfully convicted of rape and sentenced to death in Alabama.

In another signature case of juvenile prosecution, George Stinney, a fourteen-year-old black boy, was executed by the State of South Carolina on June 16, 1944. Three months earlier, two young white girls who lived nearby in Alcolu, a small mill town where the races were separated by railroad tracks, had gone out to pick flowers and never returned home. Scores of people across the community went search- ing for the missing girls. Young George and his siblings joined the search party. At some point, George mentioned to one of the white adult searchers that he and his sister had seen the girls earlier in the day. The girls had approached them while they were playing outside and asked where they could find flowers.

The next day, the dead bodies of the girls were found in a shallow ditch. George was immediately arrested for the murders because he had admitted seeing the girls before they disappeared and was the last person to see them alive. He was subjected to hours of interrogation without his parents or an attorney present. The understandable anger about the death of the girls exploded when word circulated that a black boy had been arrested for the murders. The sheriff claimed that George had confessed to the murders, though no written or signed statement was presented. George’s father was summarily fired from his job; his family was told to leave town or else they would be lynched. Out of fear for their lives, George’s family fled town late that night, leaving George behind in jail with no family support. Within hours of announcing the alleged confession, a lynch mob formed at the jail- house in Alcolu, but the fourteen-year-old had already been moved to a jail in Charleston.

A month later, a trial was convened. Facing charges of first-degree murder, George sat alone in front of an estimated crowd of fifteen hundred white people who had packed the courtroom and surrounded the building. No African Americans were allowed inside the court- house. George’s white court-appointed attorney, a tax lawyer with political aspirations, called no witnesses. The prosecution’s only evidence was the sheriff’s testimony regarding George’s alleged confession. The trial was over in a few hours. An all-white jury deliberated for ten minutes before convicting George of rape and murder. Judge Stoll promptly sentenced the fourteen-year-old to death. George’s lawyer said there would be no appeal because his family didn’t have the money to pay for it.

Despite appeals from the NAACP and black clergy, who asked that the sentence be converted to life imprisonment, Governor Olin Johnston refused to intervene and George was sent to Columbia to be executed in South Carolina’s electric chair. Small even for his age, the five foot two, ninety-two-pound Stinney walked up to the chair with a Bible in his hand. He had to sit on the book when prison staff couldn’t fit the electrodes to his small frame. Alone in the room, with no family or any people of color present, the terrified child sat in the oversized electric chair. He frantically searched the room for someone to help but saw only law enforcement personnel and reporters. The adult-size mask slid off George’s face when the first jolt of electricity struck his body.

Witnesses to the execution could see his “wide open, tearful eyes and saliva dripping from his mouth.” Eighty-one days after being approached by two young girls about where flowers might be found, George Stinney was pronounced dead. Years later, rumors surfaced that a white man from a prominent family confessed on his deathbed to killing the girls. Recently, an effort has been launched to exonerate George Stinney.

The Stinney execution was horrific and heartbreaking, but it reflected the racial politics of the South more than the way children accused of crimes were generally treated. It was an example of how policies and norms once directed exclusively at controlling and punishing the black population have filtered their way into our general criminal justice system. By the late 1980s and early 1990s, the politics of fear and anger sweeping the country and fueling mass incarceration was turning its attention to children.

Influential criminologists predicted a coming wave of “super- predators” with whom the juvenile justice system would be unable to cope. Sometimes expressly focusing on black and brown children, theorists suggested that America would soon be overcome by “elementary school youngsters who pack guns instead of lunches” and who “have absolutely no respect for human life.” Panic over the impending crime wave expected from these “radically impulsive, brutally remorseless” children led nearly every state to enact legislation that increased the exposure of children to adult prosecution. Many states lowered or eliminated the minimum age for trying children as adults, leaving children as young as eight vulnerable to adult prosecution and imprisonment.

Some states also initiated mandatory transfer rules, which took away any discretion from prosecutors and judges over whether a child should be kept in the juvenile system. Tens of thousands of children who had previously been managed by the juvenile justice system, with its well-developed protections and requirements for children, were now thrown into an increasingly overcrowded, violent, and desperate adult prison system.

The predictions of “super-predators” proved wildly inaccurate. The juvenile population in America increased from 1994 to 2000, but the juvenile crime rate declined, leading academics who had originally supported the “super-predator” theory to disclaim it. In 2001, the sur- geon general of the United States released a report labeling the “super- predator” theory a myth and stated that “[t]here is no evidence that young people involved in violence during the peak years of the early 1990s were more frequent or more vicious offenders than youths in earlier years.” This admission came too late for kids like Trina, Ian, and Antonio. Their death-in-prison sentences were insulated from legal challenges or appeals by a maze of procedural rules, statutes of limitations, and legal barricades designed to make successful postconviction challenges almost impossible.

When I met Trina, Ian, and Antonio years later, they had each been broken by years of hopeless confinement. They were legally condemned children hidden away in adult prisons, largely unknown and forgotten, preoccupied with surviving in dangerous, terrifying environments with little family support or outside help. They weren’t exceptional. There were thousands of children like them scattered throughout prisons in the United States — children who had been sentenced to life imprisonment without parole or other extreme sentences. The relative anonymity of these kids seemed to aggravate their plight and their despair. I agreed to represent Trina, Ian, and Antonio, and our office would eventually make challenging death-in-prison sentences imposed on children a major focus of our work. But it became immediately clear that their extreme, unjust sentences were just one of the problems that had to be overcome. They were all damaged and traumatized by our system of justice.

Trina’s mental and physical health made her life in prison extremely challenging. She was grateful for our help and showed remarkable improvement when we told her that we were going to fight to get her sentence reduced, but she had many other needs. She talked constantly about wanting to see her son. She wanted to know that she was not alone in the world. We tracked down her sisters and arranged a visit where Trina could see her son, and it seemed to strengthen her in ways I wouldn’t have thought possible.

I flew to Los Angeles and drove hundreds of miles through the heart of Central California farmland to meet Antonio at a maximum-security prison dominated by gangs and frequent violence. He was trying to acculturate himself to a world that corrupted healthy human development in every way. Reading had always been challenging for Antonio, but he had a strong desire to learn and was so determined to understand that he would read a passage over and over, looking up unfamiliar words in the dictionary we sent him, until he got it. We recently sent him Darwin’s The Origin of Species, which he hopes will help him better understand those around him.

It turns out that Ian was very, very bright. Although being smart and sensitive made his extended time in solitary confinement especially destructive, he had managed to educate himself, read hundreds of books, and write poetry and short stories that reflected an eager, robust intellect. He sent me dozens of letters and poems. I’d return to the office after traveling for a few days and often find letters from Ian. Sometimes I’d find within a letter a scrap of wrinkled paper, which, once unfolded, would reveal thoughtful and sobering poems with titles like “Uncried Tears,” “Tied Up with Words,” “The Unforgiving Minute,” “Silence,” and “Wednesday Ritual.”

We decided to publish a report to draw attention to the plight of children in the United States who had been sentenced to die in prison. I wanted to photograph some of our clients in order to give the life-without-parole sentences imposed on children a human face. Florida was one of the few states that would allow photographers inside a prison, so we asked prison officials if Ian could be permitted out of his solitary, no-touch existence for an hour so that the photographer we hired could take the pictures. To my delight, they agreed and allowed Ian to be in the same room with an outside photographer. As soon as the visit was over, Ian immediately wrote me a letter.