THE CASE OF COURTNEY SCHULHOFF: VIEW ... - Justice4kids.org
THE CASE OF COURTNEY SCHULHOFF: VIEW ... - Justice4kids.org
THE CASE OF COURTNEY SCHULHOFF: VIEW ... - Justice4kids.org
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
<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 ]