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treatment of
juvenile cases
Not every 16-year-old accused of a crime should be treated as an adult.
Nor should every one be dealt with as a juvenile. The law should be flexible enough to recognize the difference. The N.C. Sentencing and Policy Advisory Commission isn’t quite getting there in its recommendation that the state raise from 16 to 18 the age at which criminal suspects automatically are charged as adults.
A change is overdue. North Carolina is one of only three states that regard 16-year-olds as adults in court. They’re not adults, and in many cases they and society are worse off when the law pretends they are.
Many attorneys who represent juveniles hate to see 16- and 17-year-olds stuck with a criminal record for life because of a foolish mistake, and note that more services are available in the juvenile system for youngsters who need guidance instead of punishment – although they still can spend significant time in custody in the juvenile system.
District attorneys often take a different view. If young offenders already have had years of contact with the juvenile system without good results, they should move into the adult system.
Flexibility is needed. The law should allow 16- and 17-year-olds to fall into the juvenile system if they haven’t been in serious trouble before and if they’re charged with relatively minor offenses. Juvenile court matters are handled privately; convictions aren’t on the public record.
Counselors help determine the best course of action for each individual. Programs are more readily available to treat substance abuse and other problems.
On the other hand, if these interventions have already failed and the 16- or 17-year-old shows no sign of reforming, punishment in the adult system might be the only option. That should be determined by a judge after appropriate hearings.
The law already allows children as young as 13 to be tried as adults for serious criminal offenses. The same process could be used for 16- or 17-year-olds even when the crimes aren’t as severe, but when they reflect a long-term pattern of behavior. Of course, any change that increases the workload in juvenile court must be accompanied by additional resources.
The goals should be, first, to provide for public safety; and second, to steer young people away from a life of crime.
Sometimes, but not every time, the best way to do that is to treat them as juveniles who need correction before throwing them into an adult system filled with people for whom it’s already too late. Reprinted from The Greensboro News & Record.