less aggravated by comparison. Yet these former child soldiers, rescued from their armies, had mostly recovered and been widely embraced at American colleges and universities, where many of them had thrived.
In November 2009, after the briefs were filed in Joe’s case and the Graham case, I went to Washington for my third U.S. Supreme Court oral argument. There was a lot more media attention and national news coverage than in any of my earlier cases. The Court was packed. There were hundreds of people outside the Court as well. A wide assortment of children’s rights advocates, lawyers, and mental health experts were watching closely when we asked the Court to declare life-without-parole sentences imposed on children unconstitutional.
During the argument, the Court was feisty, and it was impossible to predict what the justices were going to do. I told the Court that the United States is the only country in the world that imposes life imprisonment without parole sentences on children. I explained that condemning children violates international law, which bans these sentences for children. We showed the Court that these sentences are disproportionately imposed on children of color. We argued that the phenomenon of life sentences imposed on children is largely a result of harsh punishments that were created for career adult criminals and were never intended for children—which made the imposition of such a sentence on juveniles like Terrance Graham and Joe Sullivan unusual. I also told the Court that to say to any child of thirteen that he is fit only to die in prison is cruel. I had no way of knowing if the Court had been persuaded.
I had promised Joe, whose name and case were constantly being discussed on television, that I would visit him after the argument in the Supreme Court. At first Joe was very excited by all the attention his case was generating, but then the guards and other prisoners started making fun of him and treating him more harshly than usual. They seemed to resent the attention he was getting. I told him that now that the argument was over, things would calm down.
For weeks he’d been working on memorizing a poem he said he’d written. When I asked if he had really written it, he acknowledged that another inmate had helped him, but his excitement about the poem was undiminished. He had repeatedly promised that he would recite it for me when I visited him after the argument. When I arrived at the prison, Joe was wheeled into the visitation area without any difficulty. I talked to him about the argument in Washington, but he was much more interested in preparing me to hear his poem. I could tell he was nervous about whether he’d be able to do it. I cut short my report about his case so I could hear his poem. He closed his eyes to concentrate and then began to recite the lines:
Roses are red, violets are blue.
Soon I’ll come home to live with you.
My life will be better, happy I’ll be,
You’ll be like my Dad and my family.
We’ll have fun with our friends and others will see,
I’m a good person … uh … I’m a good person … I’m … a … good … person … uh …
He couldn’t remember the last line. He looked up at the ceiling, then at the floor straining to remember. He squeezed his eyes, trying to force the last words to mind, but they wouldn’t come. I was tempted to supply him a line just to help him get through it—“so be happy for me” or “now people will see.” But I realized that creating a line for him wasn’t the right thing to do, so I just sat there.
Finally, he seemed to accept that he wouldn’t remember the line. I thought he’d be upset, but when it was clear that he wouldn’t remember the last line, he just started laughing. I smiled at him, relieved. For some reason it became funnier and funnier to him that he couldn’t think of the last line—until he abruptly stopped laughing and looked at me.
“Oh, wait. I think the last line … actually, uh, I think the last line is just what I said. The last line is just ‘I’m a good person.’ ”
He paused, and I looked at him skeptically for several seconds. I said it before I thought about it. “Really?”
I should have stopped, but I continued, “We’ll have fun with our friends and others will see, I’m a good person?”