Justice for juveniles

Justice for juveniles

Washington Post: Since 1974, federal law has required that juveniles picked up for breaking the law be kept separate from alleged adult offenders — and for good reason. Juveniles held in adult facilities are more likely to be attacked, more likely to commit crimes once released and more likely to commit suicide than those held in facilities that house only minors. This week, the Senate Judiciary Committee is scheduled to consider reauthorizing an updated version of the 1974 bill. The Juvenile Justice Delinquency and Prevention Reauthorization Act of 2008 strengthens protections for juveniles while safeguarding judicial discretion to deal with exceptional cases. It also calls for preservation and expansion of programs that have been particularly effective in combating delinquency and crime among youth, including mentoring and after-school supervision. The bill should be passed, with some changes.

Over the past decade, an increasing number of states have adopted laws allowing juveniles to be charged as adults for certain serious crimes. Under the proposed bill, even juveniles charged as adults must be held in juvenile facilities or out of “sound and sight” of adults in adult facilities unless a judge specifically orders otherwise. A judge must take into account the alleged offender’s age, his physical and mental maturity, and the nature of the crime, among other factors. The bill should be amended to explicitly allow prosecutors and other state officials to flag for the judge juveniles they believe would be a danger to other minors and so would be better held in adult quarters.

The legislation also takes a step in the right direction by setting stricter limits on detentions for status offenders — those youths who are picked up for skipping school or running away from home.