The verdict is in: treating 16 and 17 year old misdemeanants as juveniles rather than adults gets better results, ultimately making society safer and saving taxpayer dollars.
The evidence is overwhelming, as we discussed at the recent N.C. Conference of District Court Judges in Concord. Yet misunderstandings abound over what this approach would mean.
The facts are simple: North Carolina remains one of only two states that automatically prosecute all 16- and 17-year-olds as adults – even for an infraction as minor as stealing a candy bar. This outdated system does a disservice to kids and families, taxpayers and all those sworn to pursue justice. It exposes children to the influence of seasoned adult criminals. It also burdens them with an adult criminal record, which undercuts opportunities for education and employment.
Legislation supported by a bipartisan coalition and going before the General Assembly this spring would “Raise the Age” of youth jurisdiction — moving 16- and 17-year-old misdemeanants into the youth justice system, which is stricter on those it supervises and much more likely to turn them into responsible citizens.
Public safety would increase as a result of raising the age. North Carolina’s juvenile justice system has a proven track record for treating and supervising 16 and 17-year-olds. On the other hand, kids who go through the adult system are re-arrested, re-incarcerated and have their probation revoked at higher rates than other adult offenders.
Taxpayers will save money by raising the age. In 2011, the VERA Institute for Justice estimated that reforming the age of juvenile jurisdiction for misdemeanants would generate $52.3 million in net benefits.
Youthful offenders convicted of felonies would remain in the adult criminal system.
States such as Ohio have long recognized research showing that adolescent brain development continues until 23 or 24. Adolescents are simply not fully equipped when it comes to impulse control, dealing with peer pressure and making the wise choices they will be capable of a few years down the road.
As a result, Ohio has implemented diversion policies and reallocated detention funds to intensive probation, community services, counseling and mental health and substance abuse treatment, leading to a dramatic drop in detained youth.
States newer to raising the age of juvenile jurisdiction, such as Connecticut, are also experiencing good results.
A policy brief published by The John Locke Foundation concluded: “It becomes pointedly clear that the best place for most of the state’s young offenders is in the juvenile justice system.”
North Carolina is now exploring many reforms to improve its economy, judicial and correctional systems and quality of life. Overwhelming evidence shows that raising the age of juvenile jurisdiction will enhance all three areas. It’s time for North Carolina to join 48 other states and prudently, systematically “Raise the Age.”
Evelyn Stratton served as a justice on the Ohio Supreme Court for 16 years. Elizabeth T. Trosch is a district court judge in Mecklenburg County.