In 48 states, if a 16-year-old is caught shoplifting a bag of sunflower seeds from a convenience store, his case is routed through the juvenile justice system, which can best prescribe a blend of punishment and rehabilitation for a minor crime at that young age. A 49th state, New York, allows that 16-year-old to petition an adult court for transfer to the juvenile system.
In one state, North Carolina, all 16-year-olds end up in adult court, no matter the offense. It’s costly. It results in higher re-arrest rates. And it doesn’t deter juvenile crime.
Bills in the N.C. House and Senate, backed by a rare assemblage of conservatives and progressives, would change how we treat our troubled but rescueable youth. The bills, sponsored by Republican Sen. Fletcher Hartsell of Concord and Republican Rep. Marilyn Avila of Raleigh, would change the definition of juvenile delinquent so children 17 and under would be sent to juvenile court for non-felonies.
The legislation wouldn’t go easy on minors who commit serious crimes, however. Because state law permits 13-year-olds and older to be transferred to adult court for felonies, judges would still have the discretion to try 16- and 17-year-olds as adults if the offense or the delinquent’s criminal background demands it.
Advocates of the bills who held a news conference Tuesday in Raleigh believe they have a chance to make it out of committees, where previous versions languished. Those advocates include the conservative John Locke Foundation and Texas-based conservative group Right on Crime. We urge lawmakers to join them and other states that realize little good comes from punishing 16- and 17-year-olds as adults for minor crimes.
In fact, studies show that juveniles sent through the adult justice system have a greater chance of being re-arrested later, including research published in the American Journal of Preventive Medicine in 2007 that found an average 33.7 percent increase in re-arrest rates when juveniles are placed in the adult system. The reason? Juvenile courts and facilities, including those in North Carolina, focus on the rehabilitative needs of delinquent minors by offering year-round tutoring, mentoring and other programs. Adult prisons provide few such opportunities, including in North Carolina, where the N.C. Sentencing and Policy Advisory Commission found in 2007 only three programs in state adult prisons designed to serve minors’ educational or substance abuse needs.
Adult prisons also bring safety risks for minors. Bureau of Justice Statistics research found that in one year, minors were victims of 21 percent of sexual violence in U.S. prisons, despite making up less than one percent of the inmate population. Still, juvenile criminals-to-be haven’t been deterred by the prospect of adult prisons; studies show crime rates remained the same, or in some cases rose, after states sent more minors to adult courts.
There’s a reason for that: They’re kids, and kids make poor decisions without regards to consequences or future. But that youthfulness also offers a window for states to provide a path away from trouble. The best chance – especially involving minor crimes – is found in the juvenile justice system. Forty-nine other states now realize that. It’s North Carolina’s turn.