"JUVENILE
CRIME"
On May
26, 2000, the last day of classes before summer vacation,
Nathaniel
Brazil, a 13year-old honors student, t ook a stolen gun to school
and shot
Barry Grunow, his English teacher, because Grunow would not let
him into
a classroom to say goodbye to two girls. Palm Beach County,
Florida,
prosecutors charged the student as an adult with first-degree
murder.
In his
room in a stark triplex on H Street, his mother, Polly Powell,
wondered
how anyone could call him an adult when it seems like only
yesterday
that her son was playing in the dirt with a yellow Tonka truck.
"He
is not a man," she said. He doesn't shave. He can't drive a car, or go
into the
service. He can't buy cigarettes or beer, or a lottery ticket. He's a
child,"
she said, and like any other he is impulsive, eager to impress friends,
ignorant
of the long-term consequences of the things he does. He is
charged
as an adult, which carries a maximum penalty of life in prison,
rather
than as a juvenile, which might have ended in his being sent to a
juvenile
detention center for a few years. He is being held in a special ward
reserved
for teenagers in the county jail.
Whether
such a charge is appropriate is the same question being asked in
other
states with school shootings, as courts decide how to punish killers
too young
to see an R-rated movie. California's Little Hoover Commission in
1994
reported some disturbing statistics about juvenile crime: 30-40% of
urbanized
youth will be arrested before their 18th birthdays: 250,000
California
youths out of 3.5 million ore arrested annually: between 1983
and 1992
the number of juveniles arrested for violent crimes doubled.
Many feel
that current law is inadequate to reduce juvenile crime,
contending
that juvenile offenders should be treated on a par with adult
offenders.
Others believe that efforts should be focused on remediating
the
causes of juvenile crime instead of increasing the population of
teenaged
prison inmates, which they believe rehabilitation efforts.
"Our
juvenile justice system is outdated, designed to address infractions
like
truancy and petty theft. These were serious problems a century ago,
but they
bear no resemblance to the 'routine' infractions of the present
day:
everything from rape to crimes involving guns to cold-blooded
murder,"
claims Tom Reilly, a district attorney in Massachusetts. "How can
we
possibly treat cold-blooded juvenile killers as 'delinquents' and not as
the
dangerous predators their own actions prove them to be? When a
person,
any person, brings himself to a point where he deliberately murders
another
human being, there is no going back. A mere hope for
rehabilitation
is nothing but a gamble on other people's lives. The public
has a
right to expect that a killer will never, ever have the chance to kill
again
Juveniles accused of murder should be tried as adults and, if
convicted,
sentenced as adults."
Advocates
of stronger punishment argue that the juvenile cour1 system is
ineffective
because it does not hold juveniles fully accountable for their
crimes.
They cite numerous cases of juvenile offenders being released
without
punishment, only to commit the same crimes again. If America's
youth are
becoming more violent, they say, then solutions such as
lengthier
prison sentences for teenage offenders, however unpleasant,
must be
enforced in order to protect innocent victims. One common
rallying
cry proclaims that if you "do the crime, do the time."
Opponents
of these increasing penalties, such as Laurence Steinberg, o f
Temple
University, are concerned about the implications of punishment
through
adult vs. juvenile court. The adult system is an adversarial model;
the
juvenile system is a more cooperative model, allowing the court to take
personal
circumstances and age into account. In the juvenile system, the
names of
juveniles are protected, and their record is erased when they
become
adults. Steinberg believes the juvenile system is better equipped
to
consider a broader range of circumstances in juvenile cases, thus
allowing
more appropriate means of punishment rather than o
one-size-fits-all
model of the adult system, which removes this
discretionary
power from juvenile courts.
Abbe
Smith, deputy director of the Criminal Justice Institute at Harvard
Law
School, says, "Subjecting children to punishment with adults defines
cruel and
unusual punishment. Sexual and physical assault are already
prevalent
in adult prisons. One can imagine the scale of these offenses if
we send
in a fresh crop of younger and more vulnerable prey." Instead of
spending
millions of dollars annually to house juvenile offenders in state
prisons,
these funds would be better spent on juvenile justice programs
that have
been shown to work, appropriate after school activities,
counseling,
and funds for poverty-ravaged neighborhoods.
Cases
like Nathaniel Brazill's have caused some Florida lawmakers t o
consider
legislation to create some middle ground. For now, defendants like
Brazill
can only be sentenced to hard time in a state prison for adults,
perhaps
for the rest of their lives. But some lawmakers are considering
legislation
that would allow judges to take age into consideration, perhaps
allowing
younger offenders t o serve time in a juvenile center and then in a
state
prison rather than locking them away in a state prison.
The
debate will continue. On the one hand, we live in a society that
increasingly
demands that all offenders, whether adult or juveniles, be held
accountable
for their crimes. An offender who is off the street cannot
commit
additional crimes. On the other hand, we live in a society that also
recognizes
the special pressures that juveniles face in a culture that is
generally
perceived to be a violent one, conditions which may need
alternatives
to increased or required prison terms.
There are
no easy answers. But lives are at stake, both for juvenile
offenders
and their victims.