There is a wilding spree going on in almost every state. This time,
it’s not the teenagers who are raging out of control. It’s the adults
who have gone on a rampage, enacting regressive laws and ballot
petitions that will send thousands of youth to prison rather than to
college and on the road to a better life. Between 1992 and 1997,
47 states made it easier to try kids as adults, according to the
Justice Policy Institute, a Washington, D.C.-based think tank. In
Wisconsin and Vermont, children as young as 10 can be tried as adults
when suspected of murder and, if found guilty, given adult-like
sentences. Almost two-thirds of California voters last year voted
in favor of Proposition 21, the nation’s toughest crackdown on youthful
offenders. The ballot measure mandates that youth 14 and older be tried
as adults for murder and sexual assaults. Additionally, some minor
offenses, such as vandalism, are now classified as felonies when
damages exceed $400. Proposition 21 also gives prosecutors the
power to charge juveniles as adults for certain crimes. However, a
California appeals court recently ruled that transferring such power
from judges to prosecutors is unconstitutional. That decision is being
appealed. A California case certain to be appealed after it goes
to trial involves Andy Williams, 15. He is being held by California
authorities after opening fire at Santana High School, killing two and
wounding 13 others. Williams is expected to be tried as an adult and
possibly be sentenced to life in prison In Florida, another
teenager is already serving a life sentence with no chance for parole.
Lionel Tate, 14, was sentenced as an adult after he was found guilty of
first-degree murder in connection with the death of a playmate. His
lawyers argued that the youth, who was 12-years-old at the time, was
imitating professional wrestlers he had seen on television. The jury
did not buy that argument and, consequently, Tate is the youngest
person in the country sentenced to life in prison. Although the
cases in Florida and California have received widespread media
attention, they do not typify teenage behavior. In fact, juvenile crime
has declined to its lowest point in a generation, according to the U.S.
Department of Justice. Murders by teenagers have been on the decline
for six years, down 68 percent from its peak in 1993. School
shootings, the object of mass hysteria, have also fallen. Last year,
there were 16 school-associated deaths, a decline of 71 percent since
1992. In a student population of 52 million, 16 deaths from firearms
amounts to a less than 1 in 3 million chance of being killed on school
grounds. In other words, students have a better chance of being struck
by lightening, not to mention an automobile, than being shot to death
at school. Critics of the juvenile justice system say that it
wrong to treat teens as though they have the same maturity and
reasoning skills as adults. It is a problem that cannot be ignored.
Between 2010 and 2020, the population of 10- to 19-year-olds is
expected to reach 44 million, the highest youth population in U.S.
history and a direct outgrowth of the children of baby boomers growing
older. More than likely, African-American teens will continue to
bear the brunt of a punitive juvenile justice system. Today, although
Blacks represent only 15 percent of the 10-years-old to 17-years-old
population, they are 30 percent of youth arrested, 40 percent of teens
held in custody and 50 percent of all cases transferred to adult
criminal courts. Overall, 2.6 million arrests of youth under the age of 18 were made in 1998, according to the Justice Department. Although
the U.S. holds itself out to the international community as a model of
democracy, when it comes to the treatment of children trapped in the
criminal justice system, it is a rogue nation. The United States is one
of only two countries (Somalia is the other) that has not ratified the
Convention on the Rights of the Child. The international treaty,
already signed by 192 countries, establishes adulthood at 18 and
declares no child younger than that age should receive the death
penalty or serve a life sentence with no chance of parole. According
to Amnesty International, 26 children under the age of 18 have been
executed around the world since 1990. More than half - 14 - were in the
United States. As of June 1998, another 70 persons were on death row
for crimes they committed as teenagers. Even though juvenile crime
is down, public opinion polls show that most adults believe it is on
the rise. And that’s not the only misperception they have of teenagers. Testifying
before Congress earlier this year, Vincent Schiraldi, president of the
Justice Policy Institute, observed: “Overall, despite the fact that
this year’s graduating class will take drugs less, will binge drink
less, will be less violent, will commit fewer crimes, and will have
fewer pregnancies during their teenage years than was the case for my
graduating high school class in 1977, this generation of adults will
think worse of them. It is no more fair to stereotype America’s 52
million students as schoolhouse assassins than it is to taint all
adults with the sins of Timothy McVeigh.”
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Juveniles Get a Bad Rap
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