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Chair’s Comments: Celebrating the 20th Anniversary of Juvenile Justice & Children’s Rights

By LaToya Blackmon Powell

This year, the Juvenile Justice & Children’s Rights Section will celebrate its 20th anniversary. As your new chair, I am honored to lead the section at such a historic time for both our section and our state, which is engaged in a major reform of the juvenile justice system. We want to commemorate these milestones in a big way and want you to be involved. Here is a look at what we are planning for this year and how you can help!

CLE Program on ‘Raise the Age’

Twenty years ago, our section was discussing the need for comprehensive juvenile justice reform in North Carolina, which included raising the age of juvenile court jurisdiction. Since 1919, when the first juvenile court was created, N.C. law has required that minors be prosecuted as adults for all crimes beginning at age 16. This year, North Carolina joined the remainder of the country and raised the age to move most 16 and 17-year-olds to juvenile court. This historic legislation, called the Juvenile Justice Reinvestment Act, includes major changes to the juvenile justice system that will be implemented over the next two years.

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‘Raise the Age’ Receives Historic Law Enforcement Support

By LaToya B. Powell

Yesterday, lawmakers returned to Raleigh for the 2017 long session. Among the many important issues the legislature is expected to consider this year, “raise the age” will likely once again be included. Since 1919, N.C. law has required that minors be prosecuted as adults for all crimes beginning at age 16. There has been a long-standing campaign to raise the juvenile age but legislative proposals attempting to do so have repeatedly failed. New York is the only other state in the nation that automatically prosecutes 16-year-olds as adults, although that state allows “reverse waiver” which permits transfer from criminal to juvenile court.

One of the reasons often cited for the legislature’s reluctance to raise the age is the strong opposition of law enforcement officers and prosecutors to such reform. That assertion is no longer valid, at least in part. The N.C. Sheriffs’ Association and several other law enforcement groups have publicly endorsed a new raise the age proposal by the Criminal Investigation and Adjudication Committee of the North Carolina Commission on the Administration of Law and Justice (NCCALJ). The proposal recommends that North Carolina raise the age of juvenile court jurisdiction to include 16- and 17-year-olds for all offenses, except high-level felonies and traffic offenses. Youthful offenders (16- and 17-year-olds) who commit Class A-E felonies would be automatically transferred to adult court upon a finding of probable cause or an indictment, alleviating public safety concerns held by law enforcement officers and prosecutors about violent juvenile offenders.

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Raise the Age For the N.C. Juvenile Justice System

By Eric Zogry and Marcus Thompson

The N.C. Commission on the Administration of Law and Justice’s Committee on Criminal Investigation and Adjudication is recommending that North Carolina raise the age of juvenile jurisdiction to include all youth under the age of 18 for all crimes.  Juveniles aged 16 and 17 charged with the most serious felonies may be transferred to the adult system after a finding of probable cause or indictment.  Other recommendations include reducing school-based recommendations to the juvenile justice system and regular training for law enforcement in handling juveniles.  This proposal also recommends more information be provided for law enforcement officers who may interact with juveniles and that information on juvenile records should be more accessible to prosecutors.

Since 1919, North Carolina has been the only state to treat youth ages 16 and 17 years old as adults in the justice system without exception.  However, substantial evidence supports that keeping individuals under the age of 18 in the juvenile justice system rather than the criminal justice system would have a significant beneficial impact on everyone involved, including benefitting the justice system economically.

Statistical data indicates that 96.7 percent of convictions for youth are usually for nonviolent felonies and misdemeanors, with misdemeanors making up 80.4 percent of these crimes.  Scientific studies suggest that because of the maturity level of the brain, for teens the ability to reason and control impulsive behaviors is very limited.  Reports from the John Locke Foundation also support that youth convicted in the criminal court system are actually more likely to be repeat offenders due to light sentencing for petty crimes, less support, and immaturity of the brain to consider the consequences of their actions.  Several United States Supreme Court cases have also held that the treatment of juveniles as adults in certain circumstances violates their Eighth Amendment right.

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