Common Sense Justice- Raise the Age in North Carolina

Should 16 and 17 year olds accused of misdemeanors be prosecuted as adults?

Important legislation is pending in Raleigh that would change the way 16 and 17 year olds are treated in North Carolina’s criminal justice system. Click here to read the Youth Offenders Rehabilitation Act.

Shockingly, North Carolina and New York remain the only two states in the country that still prosecute 16 and 17 year olds, when accused of misdemeanors, as adults. New York is expected to pass legislation soon changing this law.

North Carolina should do likewise to avoid being the only State in the Union on the wrong side of common sense justice.

As a criminal defense attorney who has practiced criminal law for over 15 years, both as a prosecutor and defense attorney, I encourage elected officials to pass this legislation.

First, this legislation would only apply to 16 and 17 year olds accused of misdemeanor offenses; felony cases would remain in adult court. Also, the Bill’s passage is common sense: teenagers are not yet adults.

Juvenile cases are heartbreaking. They are heartbreaking for the families who see their 16 year old family member incarcerated with adults in the county jail. They are heartbreaking when an individual is reminded of the case every time a background check is completed. A bad decision made during youth can unfairly alter a life forever.

Absolutely, crimes that are committed are horrifying for those who have been victimized. As a prosecutor, I sat with many victims and remember their raw emotions and stories. I will never forget the victim whose husband was killed; I won’t forget her story of getting into her car to go look for him and drove upon the crime scene. I often wonder how their daughter is doing after losing her dad when she was still in elementary school. You don’t forget these cases. They stay with you. As a defense attorney, you will always feel empathy for crime victims.

Many argue those who commit particularly heinous crimes or young individuals with violent histories must be treated as adults. This legislation does not change that. The District Attorney has the discretion to ‘transfer’ cases to adult court if the facts and history of the case support it. This new law only applies to misdemeanors, not felonies cases that would qualify for transfer.

The majority of the cases in court everyday are not these violent cases. Most cases are teenagers who make a bad decision. Many cases involve teenagers that come from broken homes, troubled areas and lack any means to support themselves. Many are living below the poverty level and are not regularly attending school. They are raising themselves and sometimes a little brother or sister.

The existing system of adult justice for 16 and 17 year olds, resulting in conviction and incarceration as adults, unreasonably alters their futures. Giving teenagers longer access to the juvenile system where they have educational services, treatment and community programs is imperative and can ultimately allow them an opportunity to succeed.

NC Child and Council for Children’s Rights are two organizations worth mentioning. Both continue to work every day to “put children first” and their views advocating raising the age are worth visiting.

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Juvenile Crime Decreases

Juvenile crime in North Carolina has decreased.According to statistics cited in Saturday's Charlotte Observer, violent crimes have decreased by almost 14 percent since 2002. The number of those charged with juvenile crimes has dropped almost 37 percent. Juvenile statistics within Mecklenburg County were consistent with these numbers.

 Statistics can be misleading, but I do hope these are indicative of the work and resources put towards juveniles in North Carolina. For more information about juvenile statistics, click here.

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Wall Street Meets Rikers Island

An unexpected company is investing in our troubled youth- Goldman Sachs. According to an article on Yahoo news, Goldman Sachs will invest almost $10 million dollars in a program that is aimed at helping youthful offenders in New York. The four year program is focused on providing education, training and counseling to at risk youth who are incarcerated. One of the first "social service bonds", the program's ultimate goal is to lower the 50% recidivism rate for youthful offenders currently serving sentences at Rikers Island correctional facility.

The investment does not come without risks and is certainly not a donation. Goldman Sachs will use privately funded investments to fund this public service bond. If the recidivism rates drop by 10%, investors will break even. If that 10% drop is not met, investors will loose approximately 2.4 million. However,  if recidivism drops more than 10%, investors could make more than 2.1 million.

Having the private sector investing in the criminal justice system is a new idea. I would be interested in knowing who is responsible for reporting the recidivism rates and calculating the data that dictates whether a profit is made. Also curious to know if the investors have any participation in the implementation of the program.

Stay tuned....

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Raise the Age

The Charlotte Observer ran an editorial yesterday supporting legislation that would raise the age on juvenile justice cases. You can read it here. The law would treat those 16 and 17 years old as juveniles, as the majority of states do. Currently anyone 16 or older is treated as an adult. The difference of one year is monumental. As the editorial highlights, prosecuting a 16 year old does not reduce crime. Rearrests rates are higher for those who are sent through the adult criminal system.

This bill never made it out of committee last time. I hope it gets father this time. Anyone who wants to support raising the age can go to this website for further information.

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A Second Chance at Success, Cont....

Almost a year ago, I wrote about a case I had in juvenile court. I called it A Second Chance At Success. This youngster was likely facing a disposition that would result in a lengthy term at a Youth Development Center in North Carolina. Called YDC, many juveniles call it prison for kids. Thankfully, this child ended up going into foster placement. I saw stability in this young person's life that never existed before. Whether this young adult would succeed or not, it  was in their own hands now.

I often tell my young clients, the best gift they can give themselves is a signed order from a judge that terminates their probation. Successful completion. I received a copy of an order over Christmas that terminated the child's probation in this case. What a nice Christmas gift for not only the attorney, but for this young adult.

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An Educational Superhero

Time magazine recently published its 2011 World's Most Influential People. Geoffrey Canada, is the Founder of Harlem's Children's Zone Project, a non profit organization that has become a model for what many believe the educational system should strive to become. I first saw Mr. Canada on a 60 Minutes episode several years ago. The movie Waiting for Superman highlights his school. Based on the premise that education is the greatest path to success, Mr. Canada manages to educate a child for $5,000 a year. In 2010, 90% of his 254 senior graduates went to college. This class obtained 6.4 million dollars in scholarships. There is a strict dress code and only a 3 week summer vacation. Tuition is free. Money is raised privately.

Any criminal defense attorney, especially one that handles cases involving juveniles, understands the correlation between education and crime. Some statistics show that high school dropouts are 3.5 times more likely to be arrested and more that eight times likely to be incarcerated.  While the news of the week seems to be focused on a Connecticut high school suspending a student when he taped letters on the side of the school building in an effort to ask another student to prom, I felt more inclined to mention Geoffrey Canada. This is a remarkable story.




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Gang of One

There is an article in today's Charlotte Observer about the Gang of One program. They do a lot of good work with juveniles.They have worked with a number of my clients with successful results. Parents have appreciated the education they provide about the gang culture. Among all the budget cuts that have taken place and that will likely continue, I hope this program stays around. I appreciate Ray Wilson's comment in the article:

"We work with them and build that rapport. We've been with them when they're down in the dumps and they see you're putting together the effort that no one else has done with them.. You can't fool the kids. They've had enough disappointment in their life". 

I have blogged about the amount of work juvenile cases require.

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The Difference Of One Year

Sometimes the difference of one year can have a monumental impact on a person. This week in Mecklenburg County district court I handled two seperate cases involving a 15 year old and a 16 year old. The 15 year old is accused of a misdemeanor for an incident at high school. The 16 year old is accused of a drug charge. The 15 year old was in juvenile court. The 16 year old in adult court.

The juvenile's family didn't understand why probation was necessary for the incident, why a court counselor was involved in their life and why the court was going to keep an eye on their child for the next 6 months. Unfortunately this family had experience in adult court with an older sibling before and was not used to the responsibilities and requirements of juvenile court.  I explained to the family that their child was showing red flags- poor performance in school, poor attendance in school, hanging out with less than desirable individuals and participating in incidents at school,  although minor, still deemed criminal under the law. In theory, the juvenile system is designed to help this young person become a productive member of society and not become a statistic in the adult system. If the child is successful, they can become a productive member of society without any criminal record. They have the chance to succeed without explaining a criminal charge on a job application or job interview.  

The 16 year old in adult court is facing drug charges. There is no court counselor. There isn't a judge that will be personally assigned to the case, familiar with the teenager, and familiar with family members. Mecklenburg County had a drug rehabilitation program for those facing drug charges, STEP Court, but it appears there is no money to fund the program anymore. If convicted, the 16 year old will have a criminal record. An explanation will be required throughout his/her life.

North Carolina and New York are the only two states in the entire country that automatically view a 16 year old as an adult. There has been positive movement in North Carolina to change this to 18 years of age.



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A Second Chance at Success

I had a very serious case today in juvenile court. I have been working with this juvenile for almost two years now. This case has been challenging, gut wrenching and emotional at times. This morning there was an editorial in the Charlotte Observer called A Nation of Second Chances. It seemed appropriate in my case-

The most effective responses are also the most daunting. Crime prevention, in the long run, is youth development. The alternative to cultivating the next generation is fearing it. Children, as one would expect, do better in life when they have not been poisoned by lead paint, abandoned by parents or betrayed by failed schools. There is promise in encouraging preschool attendance, providing mentors for the fatherless, demanding competent teachers, rewarding high school completion and making street gangs less attractive. 

Turning back to my case today, ultimately, it will be up to this young person to decide what changes he/she will make in his or her life. However, this juvenile is finally in an environment where the opportunity to succeed exists. A support system finally exists. I saw an authentic smile on his/her face at the conclusion of the hearing today.  By no means is this young individual on a road to success yet. There is a lot of work to do. The team that works with this juvenile can provide as many services as they see fit, but ultimately the decision to succeed is in the hands of juvenile. Given the deck of cards that most juvenile offenders are given, that is a daunting task for most.

I was happy with the result today. An opportunity for success exists for this young adult. I am thankful that this young person is in the juvenile system and not in the adult court system. Now we will see what the future holds for this youngster. I'm glad he/she was given this opportunity. A second chance at success.

At What Age Are You An Adult?

The Charlotte Observer ran an editorial a few weeks ago about North Carolina being in the minority of states that treat 16 and 17 year old individuals as adults. Most states treat individuals as adults once they turn 19. Mandy Ableidinger wrote a commendable editorial about this important issue and highlights pending legislation to change this policy. I have been meaning to blog about this topic and with several juvenile cases on my caseload recently, it has seemed even more relevant.

Some criminal defense attorneys do not handle juvenile cases. While juvenile cases can be very time consuming, it also has different procedures, a different legal language and involves many agencies. Ideally, the criminal defense lawyer, the district attorney, the court counselor, the police department, the judge and any other rehabilitative agencies involved work together in a collaborative fashion to reform the juvenile, prepare them for a successful life, while also protecting the public from any additional harm. It can be very time consuming but also very rewarding. I enjoy these cases. A successful case results in the judge terminating probation for successful completion. It is comforting to see your client succeed in school and know when they graduate from high school, they will do so without an adult criminal record. Conversely, a 16 year old can be convicted in adult court and be forced to carry that conviction throughout life. The 16 year old will be forced to explain that conviction every time he/she applies for a school or a job.

I recently handled a serious case involving a 16 year old individual in custody at the Mecklenburg County jail. The case was ultimately dismissed by the District Attorney, but visiting a 16 year old at the Mecklenburg Jail was disturbing. I was able obtain an educational assessment and ensure the individual was attending high school classes while in custody. However, additional services  are very limited. The case was filed 11 days after the individual turned 16. This person was a child, but was being treated as an adult. Fortunately, the case was dismissed; a clean record still exists for the 16 year old. .

North Carolina is only one of two states that treat 16 and 17 year olds as adults. Research shows that youths who serve adult time are twice as likely to be convicted of crimes as youth who are punished and rehabilitated in the juvenile system. For those who practice in the criminal courts on a regular basis, this statistic is not surprising. Adult court is based on punishment, not rehabilitation. Action for Children has an informative website that has some important statistics everyone should read. I think you will be surprised by the statistics. Meanwhile, let's hope North Carolina changes this very old law.

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Juvenile Crime Prevention- a Horse Lover's Opinion

Anyone who is an animal lover may be able to relate to this post. I grew up around horses. I started riding around 7 years old and didn't stop until the first year of law school. This week my family had to make the difficult decision to euthanize my competition horse Chrytique (The spelling is different- he was named after his father, Chrysos). I was introduced to Chrytique when he was three years old and started riding him competitively when he was seven. Needless to say he has been in our family for almost twenty years. His legs finally gave out on him this week and we had to say goodbye. So, in honor of Chrytique, I wanted to give a horse lover's opinion on juvenile crime prevention.

I have been an attorney for nearly ten years now. I have sadly seen many children work their way through the juvenile and subsequently the adult justice system. I have read many probation and sentencing reports. A common answer to why a young person committed a crime is that they felt like they didn't belong. They wanted to be part of something bigger.

Young adults must be involved in something. They must have something to be passionate about. It doesn't have to be sports- it can be art, writing, science, computers; anything that gives them a reason to do well in school and something to keep them busy after school. The Department of Education has reported that a juvenile is most likely to commit a crime between the hours of 2PM and 8PM, with crimes peaking at 3PM. Chrytique kept me out of trouble. I was responsible for something more than just myself. If I didn't do well in school, I knew someone else would have the privilege of being responsible for Chrytique. He taught me responsibility, how to focus on and reach a goal.  Most importantly, he showed me that I would fail sometimes and, excuse the analogy, how to get back on the horse again.

As a former prosecutor and now practicing defense attorney, I have had the opportunity to analyze crime from both perspectives. A District Attorney enforces the law, protects the citizenry and holds people accountable for their actions. A defense attorney protects the rights of their clients, advocates for their client in court and holds the state to their burden of proving cases beyond a reasonable doubt. When it comes to juvenile crime, it is imperative that the District Attorney, Judges, defense attorneys, and court counselors work together in a collaborative way to achieve an outcome that gives a child the opportunity to succeed. Don't set them up for failure by putting them in a court ordered program that doesn't address their needs.  I recently worked with a court counselor on a juvenile case; he proposed decreasing the minor's probation length by 30 days for every A he received in school. Great idea. Give kids a goal that they can accomplish and show them that they can succeed.

So, there you have it- A horse lover's opinion on juvenile crime prevention. Maybe a bit simplistic. Maybe a bit general. Didn't use a lot of statistics. Just reflected on a very special four legged friend.