People under the age of 18 cannot legally buy a beer in this country, or enlist in the military (without parental consent), vote in an election, buy a handgun or enter into a contract. But in some states, they can be charged with a crime as adults and, if convicted, sent to an adult prison.
A century ago, most states established juvenile courts, which focused less on punishment and more on treatment and rehabilitation. But over the years, more and more states began trying juveniles in adult courts.
Today, nine states automatically prosecute 17-years-olds as adults; in New York and North Carolina, the age is 16. And in some states, minors as young as 12 are diverted to adult courts if they’re accused of crimes such as murder. In fact, 200,000 children are charged and imprisoned each year as adults.
Connecticut, Mississippi, Massachusetts, Illinois and New Hampshire are among the states that have recently raised the age of criminal responsibility to 18. Several states are debating whether to follow suit. They should do so, because most children are incapable of forming criminal intent.
Children tend to be more impulsive and more susceptible to peer pressure than adults, and science continues to find that their minds are not developed enough to understand the ramifications of their actions fully.
Children convicted as adults get adult records that will follow them for the rest of their lives. Those sent to adult prisons are denied the schooling, treatment and rehabilitation that are provided to juveniles.
Studies show that, all else being equal, children jailed in juvenile prisons return to crime less than do those locked up in adult prisons. They are also much less likely to be abused by other prisoners. One study found that children in adult prisons are five times more likely to be sexually assaulted than those in juvenile prisons.
Raising the age of criminal responsibility is also cost-effective. In Rhode Island, legislators tried to lower the age of adult jurisdiction from 18 to 17, thinking it would save money. But it had the opposite effect. And a 2012 study found that Texas would save $90 million a year if it stopped trying 17-year-olds as adults.
This doesn’t mean juvenile offenders should never be tried as adults, such as when the offender is older than the victim, and when the crime was premeditated.
But few juvenile offenders are hardened criminals. Most in the adult system didn’t have prior criminal records and were convicted of nonviolent crimes. Ninety-five percent will return home by the time they turn 25.
It’s important that our nation does what is necessary to let young offenders return to life with a chance of becoming productive members of society.
