Citing age and acceptable immaturity usually provides ample excuses for poor decisions. Statements like, “hey man, I’m in college,” are used frequently by college students before or after committing regrettable actions. Regrettable actions committed before college are even more acceptable as simple mistakes that one must make in order to create teachable moments. However, the judicial system in this country is not following suit on this widely grasped understanding.
Late last month, the LBJ School of Public Affairs released a report titled “From Time Out to Hard Time,” on the epidemic of the extremely young being tried as adults for their crimes. The findings discussed in the report are sickening.
The report finds that some state’s laws allow children as young as 7 years old to be transferred to the adult criminal system. Over 1,600 children 13-years-old or younger were judicially transferred to their state’s adult criminal courts in the last 20 years. Apparently, primary school-aged children are capable of committing crimes with the same sense of law as any adult.
The report states this phenomenon of young children being treated as adults in the court system is “relatively new” and is strange for a society that has come so far when it comes to children’s place in the judicial system.
Children have been susceptible to special judicial treatment in the U.S. since the first juvenile court was implement in 1899. For over a century, children have been given their own court in order to deal with their crimes with punishments that fit their intellect. We are slowly descending back to 19th century rationale with this epidemic.
I wrote a column about lowering the drinking age to 18, citing the societal norms that are set for people 18-years-old or older and the adult-type obligations they are given. Teenagers younger than 18 are, however, given some adult rights and privileges. The ability to obtain a driver’s license and a job are pretty grave responsibilities. Many states place the age of sexual consent below 18 as well.
However, children younger than 12, the primary focus of the study, are given very few rights and are protected from such things as physical abuse and hard labor. It is difficult to comprehend the logic behind children being tried as adults. An individual who is not fit to hold a job seems unfit to understand the consequences of his or her actions. However, for the sake of development, these children must be punished in one way or another, with the ultimate goal of rehabilitation. But the judicial system seems to have little empathy for the development of children who have already been defined as incapable of having the intellect to handle adult privileges. So why must these kids be susceptible to adult punishment?
Children are direct reflections of their parents and or legal guardians. If a child commits an infraction in school that renders suspension or other similar punishment, notification is given to the parents. In some school districts, students are issued citations payable by fine when violating certain rules. If a child causes damages, parents usually pay for them. Even if a child is rude, parents are quick to apologize on the child’s behalf.
If our judicial system is dealing with many children committing crimes fit for adults, then maybe it should be concentrating on the adults responsible for their upbringing. Parents and legal guardians are held responsible for their children’s actions in other realms of society, so the criminal justice system should be no different. Parents have a large debt to pay towards society for bringing up children who commit crimes under their full guardianship.
If parents were held responsible for the actions of their children, we would see a rise in responsible parenting and not have to worry so much about children literally growing up behind bars — re-entering society as adult products of correctional facilities.
Avelar is a government senior
