Injustice Project: How 'Tough On Crime' Laws Are Failing Our Children
source: http://www.inlander.com/spokane/article-15576-kid-crime-adult-time.html
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- toyotabedzrock
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His age is what nearly sent him to adult prison. Even though he is still a minor, the law didn’t have to consider him a juvenile any more. At 16 and 17, there is a lever that diverts juveniles automatically into adult court if they are charged with certain crimes. Crimes like first-degree assault with bodily harm.
This is called “automatic declination.” It is little known outside the justice system and sends roughly 200 Washington teenagers a year into adult courts and — potentially — adult penitentiaries. As the term indicates, it happens automatically, without a hearing or any debate.
The idea is simple: Here is a list of crimes. Commit one of these and, if you are 16 or 17, you go straight to adult superior court, not juvenile court.
A prosecutor can decide to send the offender to juvenile court, but can’t be compelled by a judge or defender. “Prosecutors have the power of God,” one critic says.
The law was originally designed to punish the worst of the worst, but in practice that’s often not the case. Race, the strength of a defense attorney, the mood of a prosecutor and sheer luck can play a major role in deciding who is treated as a juvenile and who is not.
The stakes couldn’t be much higher for the kids involved: In the juvenile system, there’s counseling, school and a push for rehabilitation. In adult facilities, there’s punishment — as well as older inmates who, studies show, tend to exploit younger offenders.
This is called “automatic declination.” It is little known outside the justice system and sends roughly 200 Washington teenagers a year into adult courts and — potentially — adult penitentiaries. As the term indicates, it happens automatically, without a hearing or any debate.
The idea is simple: Here is a list of crimes. Commit one of these and, if you are 16 or 17, you go straight to adult superior court, not juvenile court.
A prosecutor can decide to send the offender to juvenile court, but can’t be compelled by a judge or defender. “Prosecutors have the power of God,” one critic says.
The law was originally designed to punish the worst of the worst, but in practice that’s often not the case. Race, the strength of a defense attorney, the mood of a prosecutor and sheer luck can play a major role in deciding who is treated as a juvenile and who is not.
The stakes couldn’t be much higher for the kids involved: In the juvenile system, there’s counseling, school and a push for rehabilitation. In adult facilities, there’s punishment — as well as older inmates who, studies show, tend to exploit younger offenders.
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- tags:
- Washington, Injustice, Juvenile
