Minors under 16 could no longer be tried as adults — regardless of the charged crime.
California is in the midst of sweeping criminal justice reform. After decades of “tough on crime” legislation, it is now leading the charge in breaking down some of the laws and regulations that have made criminal sanctions overly harsh in the state. One of the most recent proposals would change the age at which children could be tried as adults in the criminal justice system.
Currently, minors as young as age 14 can be placed into the adult criminal justice system if they are charged with certain crimes, such as murder. As a consequence, a minor charged with a crime as an adult would face “adult” punishments, such as life in prison. A new bill would raise the minimum age for being tried as an adult so that all 14 and 15 year olds charged with crimes — regardless of the alleged crime — be tried in the juvenile justice system. If this bill (Senate Bill 1391) is signed into law, then no child under the age of 16 could be tried as an adult, regardless of the crime that he or she has allegedly committed.
The basis for this bill is simple: study after study has shown that teenagers have a reduced capacity to determine right from wrong. This is particularly true when the brains of children are compared to those of adults. Minors in the juvenile justice system are also more likely to have learning disabilities or mental health disorders, and may be more likely to be influenced by adults.
In addition, there is strong evidence that there is a significant racial disparity in how the law has been applied. Over the past 10 years, 50 percent of Latino juvenile offenders and 60 percent of black juvenile offenders were sent to adult prison. In contrast, just 10 percent of white juvenile offenders were sent to adult prison.
According to a criminal defense lawyer Orange County, CA, this bill is part of a larger group of criminal justice reforms aimed at rehabilitation rather than punishment — particularly when it comes to younger people. For example, in 2014, the Justice for Juveniles with Adult Prison Sentences Act required parole boards to review cases of people who were sent to jail when they were under the age of 18. In 2016, Proposition 57 required judges to determine whether minors should be tried in adult court, rather than prosecutors.
Currently, Senate Bill 1391 waits passage through the Assembly. If it is passed, it will need to be signed by Governor Jerry Brown before it becomes law.
Juvenile justice is an important area of law in California, with special rules applied to youthful offenders. Because criminal charges can have a significant impact on the lives of young people, it is important to have an experienced criminal defense lawyer Orange County, CA to represent your child if he or she has been charged with a crime. This is particularly true if your child’s case may be moved to the adult criminal justice system.
The Chambers Law Firm represents both adults and juveniles. We advocate fiercely for our clients, working hard to get the best possible outcome based on the facts of the case. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation or to learn more about how we can help you.
