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OPINION

Editorial: Raising court age limit a break for teens

Friday, May 8, 2009
(Updated 3:00 am)

North Carolina is one of only three states that treats 16- and 17-year-olds charged with crimes as adults. A bill once again introduced in the legislature would send them to juvenile courts.

While the bill deserves support, it's appropriate that some teens accused of serious crimes be tried in an adult courtroom. Fortunately, state law already addresses that concern. Suspects as young as 13 charged with particularly violent felonies can be treated as adults. That flexibility is critical.

Equally significant is acknowledging that differences do exist between teens and their older peers. Neurological research studies have found that they're more likely to make a rash decision because their brains aren't as mature as those of adults.

In other legal areas, the state concurs. For example, teens can't serve on juries. Nor can they legally purchase alcohol or tobacco products. Their driving privileges are limited.

Only North Carolina and New York prosecute 16- and 17-year-olds as adults. The latter allows some exceptions, however. Connecticut will phase out the antiquated practice by 2010.

Change advocates say offenders under 18 shouldn't be incarcerated with older inmates, but that seldom happens here. Corrections officials say, with few exceptions, young male offenders 13 to 22 are held at the Western Correctional Center in Morganton.

Yet the state's juvenile court system, which relies heavily on counseling and community-based organizations, may offer an alternative to any incarceration. And that reduces recidivism and reduces prison overcrowding.

Support for raising the age to 18 isn't unanimous. Law enforcement and some prosecutors frown on coddling teens who commit adult crimes, adding that punishment should fit the offense -- no matter who commits it. But state statistics reveal that more than 85 percent of crimes committed by 16- and 17-year-olds are misdemeanors.

Another consideration is financial. If juvenile courts take on higher case-loads, they must be accompanied by additional funding. Community alternative organizations also will need more money, some of it from the state.

There's a delicate balance between punishment and rehabilitation. Above all, the state must be able to try minors in adult courts, but that decision should come on a case-by-case basis.

At the same time, the state's juvenile corrections system may be better equipped to deal more effectively with young offenders. That's important because youthful indiscretions result in permanent criminal records that adversely affect lives for years.

Back in 1919, state legislators, for reasons unknown, set the age for being tried in an adult court at 16. Ninety years later, it's time for an update.

Comments

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Don Stowe

May 8, 2009 - 9:02 am EDT

Raising the age of criminal responsibility would be a mistake. Ask any law enforcement officer how many times he or she has been told by an offender from another state, "You can't do anything to me because I am only 17 years old." Some 14 and 15 year olds will commit a crime simply because they do not expect punishmment.

The attitude of the Juvenile Offenders personnel must change before any improvement will be seen. I was the prosecuting witness in High Point District Court against a 15 year old girl charged with a pretty serious larceny, At the first scheduled trial date the defendant did not show up for trial. A new trial date was set and after spending the entire morning waiting, I found that the defendant again did not show up. I asked the counselor handling this case what she was going to do. Her reply was, "I guess we will have to dismiss the case if she won't come to court." I tried to explain to her that the procedure is to go and find a defendant who fails to show up for court and keep them until court time.She had never thought of that.

Crimedog

May 8, 2009 - 10:13 am EDT

One of the favorite ways of selling illegal narcotics is for the drug dealers to hire young kids to conduct the hand to hand transaction with the addict. The child doing the selling believes that very little will happen if they are caught. Violent gangs will have their youngest members carry out murders for the same reason. I do not care how immature a child's brain/mind is! They know that crimes are wrong. Let the courts decide on a case by case basis whether a child should be tried as an adult or not. The Dog's outa here.
Crimedog

Panacea

May 9, 2009 - 8:44 am EDT

Sure, but you guys are talking serious crimes here. Serious crimes do require a serious approach.

But if 85% of crimes are misdemeanors, then a intervention approach is more appropriate. Give a consequence, but don't send them to criminal college where their behavior becomes a way of life.

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