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<strong>THE</strong> <strong>CASE</strong> <strong>OF</strong> <strong>COURTNEY</strong> SCHULH<strong>OF</strong>F:<br />

<strong>VIEW</strong> OVER <strong>THE</strong> OCEAN (TWO YEARS LATER)<br />

The aim of this document is to inform that the ‘life without parole’ sentence for children and juveniles<br />

attracted attention beyond the ocean, in Europe.<br />

Czech Republic, May 16, 2009. Michal Horák, assist. prof., RNDr., CSc.<br />

<br />

Courtney Schulhoff’s case and other similar cases of juveniles sentenced to ‘life without parole’<br />

attracted attention of people in Europe. Germany journalist Stefan Scheytt visited USA, responsibly<br />

collected information from involved persons (for instance from Professor Paolo Annino, Florida State<br />

University, Tallahassee, and many others) and in February and March 2009 published several articles<br />

in Germany and Switzerland. The articles and photos are published at the title pages of the magazines<br />

and newspapers.<br />

Let me present the<br />

English translation of two<br />

short passages of the<br />

Germany articles that are<br />

related to Courtney’s case.<br />

The Germany text can be<br />

found at the websites quoted<br />

at the end of this report.<br />

Everything in America is<br />

bigger, larger, and greater<br />

than anywhere in the<br />

world: cars, chocolate bars,<br />

popcorn paper bags in<br />

cinema, salaries of<br />

corporate directors,<br />

violence, fear of violence,<br />

the strictness and rigidity of<br />

the law and of the courts,<br />

just to violence and force<br />

didn’t govern. There is<br />

something abnormal and<br />

monstrous in US criminal<br />

law.<br />

There is no other<br />

country in the world that<br />

keeps so many its citizens<br />

in prison for so long time as<br />

USA. In USA lives only 5%<br />

of all people in the world,<br />

but in US prisons there is<br />

one fourth of all prisoners<br />

in the world. In the late of<br />

2006, United Nations<br />

approved the resolution<br />

against this manner of<br />

imprisonment of juveniles –<br />

176 countries accepted and<br />

signed the resolution, only<br />

one country didn’t, USA.


Among bars for ever. No more freedom. About ten thousands offender serve in US prisons life<br />

term because of offences that they committed as teenagers; about one quarter of them without<br />

any chance to be released: life without parole.<br />

She is 1.54 meter small and 44 kilogram<br />

light, porcelain skin, freckled. She cries, tears<br />

flow out from her brown eyes, she wrings her<br />

hands and says: “I don´t exist more.”<br />

Courtney Schulhoff is a small hill of<br />

unhappiness. She is 21 now und she lives five<br />

years among bars, high walls and wireobstacles.<br />

Everything indicates that she leaves<br />

the prison in a coffin, like an old and bitterish<br />

woman that in fact never lived – it is possible<br />

only in USA.<br />

On an evening in February 2004, a few days<br />

after her 16 birthday, Courtney Schulhoff stood<br />

with her dog in front of a House in Altamonte<br />

Springs, Florida, whilst her 20 years old<br />

boyfriend clubbed by a baseball bat her sleeping<br />

father. One can’t understand why the young<br />

couple expected that their problems can be<br />

dispatched from world in this way. Problems<br />

accumulated long years and step by step brought<br />

Courtney’s family to disruption. Her parents are<br />

Mormons that keep very strict rules – no coffee,<br />

no spirits, no sex without marriage certificate – but her parents broke all rules. Courtney, teenager<br />

at that time, responded by depression, recalcitrance and revolt, she smoked, she drank spirits, she<br />

dressed black, she told stories about sex with her boyfriend. “My mom put me in the approved<br />

school. She didn’t want me to going to church with such a potato mug.” Her deeply faithful stepbrother<br />

agreed with her, because she lost and gave out her virginhood. After a scandal, her mother<br />

left the family with a new man. Courtney suffered her father; he is now her last ally in the family<br />

but as soon as his divorce trauma passed over he did suddenly “something what usually fathers<br />

didn´t do with their daughters.” Two times. “He detested me. When he came home I went out. I<br />

wasn´t able to endure his presence.” He drank spirits, he leaded women home, Courtney disliked<br />

them, only quarrels were at home, she stole him checks to by a new clothes, he incriminated her,<br />

she was several days in jail, the couple went for a drive with father’s car. She said sometimes<br />

yourself, it would be better if he would be dead.<br />

Courtney Schulhoff, prison number 154495 is sitting in Ocala, Florida, in the visiting room of the<br />

woman prison, convicted to life without parole, similarly as her former boyfriend, in light blue<br />

prison dress, crew haircut, tears in her eyes. “I have written a poem some days ago, how so much<br />

I miss my dad.” She paused, she sobs, falters out and says with faint voice: “It makes my heart<br />

bleed. I am without everything, without my dad, without love, I will never have my family. It’s a<br />

great fester, I feel a terrible rage, fear an d hate for myself. I don’t know how to survive here. It’s<br />

no life. For nobody.” She put her head at the shoulder of her friend Alicia, 25, also convicted to life.<br />

“We must die here”, says Alicia with a cool voice.


I present here the English<br />

translation of one of the readers’<br />

letters written by Professor<br />

Joachim Hradetzky, University<br />

of Freiburg, Germany, that tries<br />

to analyze why the European<br />

point of view so much and so<br />

significantly differs from that in<br />

US (it is his response to the<br />

article in Badische Zeitung<br />

News):<br />

Let’s realize that in USA<br />

there are eight times more<br />

inmates for one million of<br />

inhabitants than in Germany<br />

(one quarter of all inmates in<br />

the world, 2.3 million men and<br />

women, live in US prisons) and<br />

at the same time let’s take into<br />

account that about 60 percent<br />

of US inhabitants regularly visit<br />

church services (in Germany<br />

only 20 percent) – a skeptic<br />

could conclude there is a causal<br />

relationship between religiosity<br />

and inclination to acts of<br />

violence. A skeptic could find<br />

evidence for this conclusion just<br />

in Bible – many violent events<br />

and many acts of injury are<br />

described in Bible.<br />

We will not analyze skeptic’s<br />

outlooks. It is something else<br />

what is alarming and terrifying<br />

with those numbers and with<br />

the statement of the article in<br />

Badische Zeitung Magazin.<br />

How is it possible that deeply religious and Christian society is able to be so much remorseless,<br />

ruthless, stony and without mercy to its citizens? Teenagers whose criminal offence was never<br />

exactly and unequivocally proved are sentenced to ‘life without parole’, without any chance to<br />

conditional release, without any chance to mercy.<br />

Jesus Christ instructed us to mercy, grace and pity; see Matthew 18;21, Lucas 17;4 or Epheser<br />

4;32; the celebrants bring these words in our memories during mass celebration on Sundays.<br />

However, it seems for many people it is only lip-Christianity; in working days the old and<br />

traditional law is applied: vengeance and revenge.<br />

This view is confirmed by the recent family drama of Courtney Schulhoff, a girl sentenced life<br />

without parole. Her Mormon parents never kept special rules of abstinence and restraint.<br />

Drunkenness, scandals, the family came apart, even the rape of their 15-age daughter by her own<br />

father.<br />

She – perhaps – prompted her boyfriend against her father; is it so incomprehensible or<br />

perplexing? If one looks at the face of this child, one can only madden that there is a society that is<br />

able to take away any possibility of comeback and new beginning not only to this girl but also to<br />

many other girls. And the same is valid also for many other inmates.<br />

Fortunately, enlightenment in Europe resulted in understanding that no vengeance and revenge<br />

but punishment, correction, reconciliation and f<strong>org</strong>iveness are the right way of treating with<br />

offenders.If one compares the letter by Professor Hradetzky with the strict rules of Mormons and with<br />

the life of the real Mormon’s family (see the previous page) as described above, it indeed seems that<br />

the religious faith is for some people indeed only a lip-faith.


European Union). The public<br />

response was so large that<br />

reporters of two Germany TV<br />

channels (RTL and ZDF) visited<br />

Courtney in prison and made an<br />

interview with her. As ZDF<br />

Channel transmits from<br />

Washington and New York,<br />

Courtney about herself: from Courtney’s Facebook notes<br />

Courtney in TV broadcasting<br />

The published articles attracted<br />

large attention among readers not<br />

only in Germany speaking<br />

countries, but also among other<br />

readers that are able to read<br />

Germany (and there is a lot of such<br />

readers because Germany is one of<br />

the official languages of the<br />

maybe also TV watchers in USA<br />

could see Courtney Schulhoff on<br />

their screens.<br />

Germany television RTL<br />

included the interview with<br />

Courtney in the evening news on<br />

May 7, 2009m and the redactor<br />

appreciated the interview as so<br />

much interesting that a short<br />

trailer to the interview was<br />

included immediately at the<br />

beginning of the news.<br />

The following text are selected passages from Courtney’s Facebook notes that – in my opinion –<br />

characterize her personality:<br />

Also, when I was 17 and still in the county jail, I wrote a story kind of like a life story at that<br />

particular time, and sent it to the authors of Chicken Soup For the Soul. They decided that they<br />

liked it and would use it for one of their books. Well, that book will be in stores July 1st of this<br />

year. It's called, "Serving Productive Time." I'm so excited! I love the title of the book! That's<br />

exactly how I'm aiming to serve my time. I've always wanted to publish a book since I was a little<br />

girl. To be published in a book along with others like me is awesome.<br />

I love to read, but the prison's library isn't that great to me, so it's become a dream to just get<br />

some stellar books. I like to read a lot, though. Right now, I'm studying different theories out of a<br />

Psychology Today magazine that another inmate threw on the ground outside. There are some<br />

interesting and cool things in there! I figure studying psychology will help me to understand the<br />

very different people that I've met and will meet while I'm in here. I've achieved a lot since I've<br />

been in prison. I got my GED at 17, certification in architectural drafting at 19, and certification as


a law clerk at 21. The<br />

goals that I've made to<br />

better myself as an<br />

individual, I've achieved,<br />

thus far. What's even<br />

better is that I still have<br />

more goals and I plan to<br />

achieve those, as well.<br />

I miss being normal.<br />

Just being a girl, I<br />

guess. In here, it's very<br />

hard to feel girly<br />

because we just sort of<br />

exist. I want to feel 21,<br />

you know? Have a job,<br />

go to school, and be<br />

human - not inmate<br />

#154495. I'm still a girl,<br />

not a number or<br />

statistic.<br />

I work in the prison's<br />

law library. I just<br />

became a certified law<br />

clerk trainee. I had<br />

training for 10 months. I<br />

applied for the job by<br />

attaching a resume that I made in my architectural drafting class to the application. "Nobody's ever<br />

done that," is what the supervisor said. After a year in drafting, I graduated and got accepted into<br />

the Law Library as a trainee. What we do (as a clerk) is assist inmates with filing and drafting<br />

motions to go into the courts, ranging from civil to Federal Courts. I enjoy studying law a lot. Law<br />

is very confusing, though. I only have a basic<br />

training in the law as of now, but I learn more and<br />

more every day. I enjoy my job very much.<br />

Another German television station wants to do<br />

an interview with me. I did one other German T.V.<br />

interview about 2-3 weeks ago that went well.<br />

This new channel is called ZDF German Public<br />

Broadcasting and they're broadcast out of<br />

Washington D.C. The other channel's out of New<br />

York.<br />

I want to understand why it is that Europe has<br />

more faith in me than the country that I live in!!!<br />

I'm grateful for the support - so very grateful. Do<br />

you think Europe can get the U.S. to open their<br />

eyes?<br />

Let me conclude: Courtney is a very sensitive<br />

and talented girl with aesthetic sense and sense of<br />

responsibility, she realizes what she wants to<br />

achieve and she has will to do everything for her<br />

aim; but it seems she is also rather complicated<br />

personality.<br />

If you have read the above Facebook passages –<br />

do you indeed mean that Courtney is “a baby-faced<br />

butcher” (as said one woman in Florida) or “a<br />

coldly calculating mastermind of the murder”? Do<br />

you indeed mean that “she deserves death penalty


and that life without parole is an undeserved pardon” (as said another woman in Florida)? If one<br />

compares the letter by Professor Hradetzky (see above) with this statement and similar statements that<br />

can be found at various www blog-sites it indeed seems that Christianity is for these women and<br />

similar people indeed only lip-Christianity.<br />

The answer to Courtney’s question “I want to understand why it is that Europe has more faith in<br />

me than the country that I live in …” reads: The principle “tooth for tooth, eye for eye” isn’t used in<br />

Europe. Instead another principle is applied: the principle of the New Testament, of punishment,<br />

reconciliation, understanding and f<strong>org</strong>iveness. The stone conciliatory roods that were built in Central<br />

Europe already in Middle Ages are clear evidence that these principles have deep roots in Europe law.<br />

Life penalty is applied in Europe only to malefactors that indeed deserve to be eliminated from<br />

human society once forever, not to sixteen-age girls whose dad “did suddenly something what usually<br />

fathers didn´t do with their daughters”. Any penalty is applied only if the guilt is strictly proved (I’m<br />

sorry, but “members of jury found her guilty” is not the same as “her guilty was proved”), the<br />

principles of the Ancient Roma Law “In dubiis reus est absolvendus” are strictly kept and applied in<br />

European law.<br />

The special juvenile law exists in some European countries or, if not, the penalties for juveniles are<br />

one half of the adult penalty. Death penalty for juveniles was impossible in Europe already in 19th<br />

century. All Courtney’s recent activities in prison would be the reason for release after serving one<br />

half of the penalty – in any European country; one half means usually 6-8 years.<br />

Courtney is a victim of her complicate family conditions and at the same she is a victim of the<br />

rigid law system, of the justice that doesn’t want to and that is not able to keep its own rules – to<br />

consider all surrounding circumstances of the killing as it is required in the Standard Jury Instructions<br />

and in other law documents. Courtney deserves to get the second chance, she deserves to be released.<br />

And the answer to the second Courtney’s question: “Do you think Europe can get the U.S. to open<br />

their eyes?” I hope, Europe can do it, but the aid of men and women in Florida and in USA that fight<br />

for the revision of the US justice is necessary.<br />

Internet resources:<br />

►Focus Magazin (Germany)<br />

http://www.focus.de/panorama/reportage/tid-13203/focus-reportage-amerika-gnadenlos_aid_361140.html<br />

http://www.law.fsu.edu/academic_programs/jd_program/cac/images/usa2.pdf<br />

(www-page of the Florida State University)<br />

►Kölner Stadt-Anzeiger Magazin am Wochenende (Germany)<br />

http://www.ksta.de/html/artikel/1235929863102.shtml<br />

►Badische Zeitung Magazin (Germany)<br />

http://www.badische-zeitung.de/leserbriefe-68/christlich-und-doch-gnadenlos--10679640.html<br />

►Annabelle Magazin (Switzerland)<br />

http://www.annabelle.ch/gesellschaft-people/reportagen/?newsid=5292<br />

►Der Tagesspiegel (Germany)<br />

http://www.tagesspiegel.de/zeitung/Sonntag-Sonntag-Gefaengnis-Jugendliche-USA;art2566,2781669<br />

►LAIF Agentur für Photos und Reportagen (Germany)<br />

http://www.laif.de/de/article/23870.html?viewtype=list&batch=0<br />

►Germany TV channels:<br />

http://rtl-rtl-aktuell.feedplace.de/?page=6 [ RTL Aktuell 07.05.2009 >> Download M4V ]<br />

http://www.n-tv.de/home/videos/?d=2009-05-16 [ N-TV >> find and click: ARUSKinderknast ]

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