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    Adult Crime, Adult Time

    By Linda J. Collier
    Sunday, March 29, 1998; Page C01

    When prosecutor Brent Davis said he wasn't sure if he could charge 11-year-old Andrew Golden and 13-year-old Mitchell Johnson as adults after Tuesday afternoon's slaughter in Jonesboro, Ark., I cringed. But not for the reasons you might think.

    I knew he was formulating a judgment based on laws that have not had a major overhaul for more than 100 years. I knew his hands were tied by the longstanding creed that juvenile offenders, generally defined as those under the age of 18, are to be treated rather than punished. I knew he would have to do legal cartwheels to get the case out of the juvenile system. But most of all, I cringed because today's juvenile suspects -- even those who are accused of committing the most violent crimes -- are still regarded by the law as children first and criminals second.

    As astonishing as the Jonesboro events were, this is hardly the first time that children with access to guns and other weapons have brought tragedy to a school. Only weeks before the Jonesboro shootings, three girls in Paducah, Ky., were killed in their school lobby when a 14-year-old classmate allegedly opened fire on them. Authorities said he had several guns with him, and the alleged murder weapon was one of seven stolen from a neighbor's garage. And the day after the Jonesboro shootings, a 14-year-old in Daly City, Calif., was charged as a juvenile after he allegedly fired at his middle-school principal with a semiautomatic handgun.

    It's not a new or unusual phenomenon for children to commit violent crimes at younger and younger ages, but it often takes a shocking incident to draw our attention to a trend already in progress. According to the U.S. Department of Justice, crimes committed by juveniles have increased by 60 percent since 1984. Where juvenile delinquency was once limited to truancy or vandalism, juveniles now are more likely to be the perpetrators of serious and deadly crimes such as arson, aggravated assault, rape and murder. And these violent offenders increasingly include those as young as the Jonesboro suspects. Since 1965, the number of 12-year-olds arrested for violent crimes has doubled and the number of 13- and 14-year-olds has tripled, according to government statistics.

    Those statistics are a major reason why we need to revamp our antiquated juvenile justice system. Nearly every state, including Arkansas, has laws that send most youthful violent offenders to the juvenile courts, where they can only be found "delinquent" and confined in a juvenile facility (typically not past age 21). In recent years, many states have enacted changes in their juvenile crime laws, and some have lowered the age at which a juvenile can be tried as an adult for certain violent crimes. Virginia, for example, has reduced its minimum age to 14, and suspects accused of murder and aggravated malicious wounding are automatically waived to adult court. Illinois is now sending some 13-year-olds to adult court after a hearing in juvenile court. In Kansas, a 1996 law allows juveniles as young as 10 to be prosecuted as adults in some cases. These are steps in the right direction, but too many states still treat violent offenders under 16 as juveniles who belong in the juvenile system.

    My views are not those of a frustrated prosecutor. I have represented children as a court-appointed guardian ad litem, or temporary guardian, in the Philadelphia juvenile justice system. Loosely defined, a guardian ad litem is responsible for looking after the best interest of a neglected or rebellious child who has come into the juvenile courts. It is often a humbling experience as I try to help children whose lives have gone awry, sometimes because of circumstances beyond their control.

    My experience has made me believe that the system is doing a poor job at treatment as well as punishment. One of my "girls," a chronic truant, was a foster child who longed to be adopted. She often talked of how she wanted a pink room, a frilly bunk bed and sisters with whom she could share her dreams. She languished in foster care from ages 2 to 13 because her drug-ravaged mother would not relinquish her parental rights. Initially, the girl refused to tolerate the half-life that the state had maintained was in her best interest. But as it became clear that we would never convince her mother to give up her rights, the girl became a frequent runaway. Eventually she ended up pregnant, wandering from place to place and committing adult crimes to survive. No longer a child, not quite a woman, she is the kind of teenager offender for whom the juvenile system has little or nothing to offer.

    A brief history: Proceedings in juvenile justice began in 1890 in Chicago, where the original mandate was to save wayward children and protect them from the ravages of society. The system called for children to be processed through an appendage of the family court. By design, juveniles were to be kept away from the court's criminal side, the district attorney and adult correctional institutions.

    Typically, initial procedures are informal, non-threatening and not open to public scrutiny. A juvenile suspect is interviewed by an "intake" officer who determines the child's fate. The intake officer may issue a warning, lecture and release; he may detain the suspect; or, he may decide to file a petition, subjecting the child to juvenile "adjudication" proceedings. If the law allows, the intake officer may make a recommendation that the juvenile be transferred to adult criminal court.

    An adjudication is similar to a hearing, rather than a trial, although the juvenile may be represented by counsel and a juvenile prosecutor will represent the interests of the community. It is important to note that throughout the proceedings, no matter which side of the fence the parties are on, the operating principle is that everyone is working in the best interests of the child. Juvenile court judges do not issue findings of guilt, but decide whether a child is delinquent. If delinquency is found, the judge must decide the child's fate. Should the child be sent the child back to the family -- assuming there is one? Declare him or her "in need of supervision," which brings in the intense help of social services? Remove the child from the family and place him or her in foster care? Confine the child to a state institution for juvenile offenders?

    This system was developed with truants, vandals and petty thieves in mind. But this model is not appropriate for the violent juvenile offender of today. Detaining a rapist or murderer in a juvenile facility until the age of 18 or 21 isn't even a slap on the hand. If a juvenile is accused of murdering, raping or assaulting someone with a deadly weapon, the suspect should automatically be sent to adult criminal court. What's to ponder?

    With violent crime becoming more prevalent among the junior set, it's a mystery why there hasn't been a major overhaul of juvenile justice laws long before now. Will the Jonesboro shootings be the incident that makes us take a hard look at the current system? When it became evident that the early release of Jesse Timmendequas -- whose murder of 7-year-old Megan Kanka in New Jersey sparked national outrage -- had caused unwarranted tragedy, legislative action was swift. Now New Jersey has Megan's Law, which requires the advance notification of a sexual predator's release into a neighborhood. Other states have followed suit.

    It is unequivocally clear that the same type of mandate is needed to establish a uniform minimum age for trying juveniles as adults. As it stands now, there is no consistency in state laws governing waivers to adult court. One reason for this lack of uniformity is the absence of direction from the federal government or Congress. The Bureau of Justice Statistics reports that adjacent states such as New York and Pennsylvania respond differently to 16-year-old criminals, with New York tending to treat offenders of that age as adults and Pennsylvania handling them in the juvenile justice system.

    Federal prosecution of juveniles is not totally unheard of, but it is uncommon. The Bureau of Justice Statistics estimates that during 1994, at least 65 juveniles were referred to the attorney general for transfer to adult status. In such cases, the U.S. attorney's office must certify a substantial federal interest in the case and show that one of the following is true: The state does not have jurisdiction; the state refuses to assume jurisdiction or the state does not have adequate services for juvenile offenders; the offense is a violent felony, drug trafficking or firearm offense as defined by the U.S. Code.

    Exacting hurdles, but not insurmountable. In the Jonesboro case, prosecutor Davis has been exploring ways to enlist the federal court's jurisdiction. Whatever happens, federal prosecutions of young offenders are clearly not the long-term answer. The states must act. So as far as I can see, the next step is clear: Children who knowingly engage in adult conduct and adult crimes should automatically be subject to adult rules and adult prison time.

    Linda Collier is a Pennsylvania lawyer who has worked in the juvenile court. She teaches a course on juvenile delinquency at Cabrini College in Radnor, Pa.

    © Copyright 1998 The Washington Post Company

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