Have you seen today’s headline?
12 YR. OLD FACES LIFE SENTENCE IN SAN QUENTIN
Think this is a joke? Some parody in the prank issue of your school newspaper? Guess again. Not only do all 50 states and the federal government have laws allowing juveniles (the legal term for someone under 18) to be tried in adult courts; some states mandate it. And we’re not just talking mass murderers and serial rapists. Have you ever peed behind a tree when you thought no one was looking? “Borrowed” a scooter just for a joyride? Maybe you didn’t think it mattered because you were only 15? 11? Eight? Think again. In certain states, these are considered felonies, which may get you a one-way ticket to the big house. Pretty hard-core, huh?
Legislative crackdowns on crime, zero tolerance policies, and mandatory sentencing guidelines are putting youths of all ages in adult prisons for behavior formerly thought of as mere mischief. If you so much as form a spitball these days in a zero tolerance school district, you may find yourself on suspension, passing the time behind bars. Schools and lawmakers are trying so hard to avoid another Columbine or Santana, even the smallest infraction may have to be reported to the police.
But at what point does prevention become the punishment? Where do you draw the line? Serious habitual offenders, mass murderers — teen or adult: lock them up and throw away the key. But what if the entire junior varsity offensive line toilet-papers the coach’s yard after homecoming? While that’s not mature behavior by any means, should it result in a felony charge? And instead of spending a week at teen boot camp or a month in juvenile hall, they’ll be locked up for years with hardened criminals, where the likelihood of being attacked and raped increases significantly.
Who decides what is criminal behavior or child’s play? Depending on the crime and your home state, your future as a felon or a free citizen is in the hands of the judge, the district attorney, the state, or any combination thereof. For example, Michigan has some of the toughest juvenile crime laws in the country, charging thousands of children and teens as adults every year. Michigan law allows minors of any age facing any charge to be tried as adults with a judge’s permission.
Florida is sending children as young as eight to jail at the discretion of the prosecuting attorney. Imagine your little brother ending up in an adult court on assault and battery charges for playing cops and robbers.
Georgia and Illinois are examples of states that take out the guesswork — they have laws mandating at what age minors go directly to adult court, without “passing ‘Go’ or collecting $200.” In these states, anyone 17 or older automatically faces criminal prosecution in adult court for any arrest. For other states, such as Connecticut or New York, it’s sweet 16.
Nationwide, there is a trend toward lowering these magical ages, although all states already have some provision for trying teens as young as 14 in adult court. In fact, states such as Missouri and Tennessee don’t have a minimum age, and Arizona has already passed a law allowing it to abolish the juvenile court system altogether. Further, many states are including nonviolent offenses on their list of crimes for which a juvenile can automatically be sent to adult court.
No longer will mischievous behavior be brushed off with a “boys will be boys.” If you do the crime, you’ll pay the time, and it won’t be lounging in the pool at the Beverly Hills Hotel.
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