Justice system continues to review standards for juvenile crimes

All kids make poor decisions at some point in their lives. Usually these do not rise to the level of criminal charges in court, but when they do, what level of punishment is appropriate when a conviction is obtained? The New Jersey Supreme Court recently ruled on this issue, making it more difficult for prosecutors to try juveniles as adults.

The decision follows on the heels of other recent decisions affecting the juvenile justice system. In 2005, the U.S. Supreme Court abolished the death penalty for juveniles. And earlier this year, the Supreme Court struck down automatic life without parole sentences for juveniles. The decisions follow increasing evidence that children’s decision-making abilities are drastically different from adults.

In the case that spawned the decision, four juveniles face criminal charges for allegedly striking a man on the back of the head and kicking him in the face during a robbery. The charges brought against the four young men could have resulted in a maximum of 10 years behind bars. If convicted as adults, they could face up to 30 years in prison.

The Middlesex County prosecutors in the case filed to have the juveniles tried in adult court, but the family court judge hearing the case denied the request. On appeal, the decision was reversed based upon the current standard of a ‘patent and gross abuse of discretion,’ meaning that the prosecutor’s request must rise to that high standard to be refused and that they met that standard in this case. However, the state Supreme Court did not agree with that ruling.

The court felt that the existing standard was too high for making the decision at hand and voted 3-2 to give the judge a much lower standard of ‘abuse of discretion.’ The court also ruled that specific evidence warranting the move to adult court must be presented by prosecutors to prove that the move will serve as a deterrent against future crimes.

Going forward, prosecutors and defense attorneys in New Jersey will have to abide by the new guidelines. As studies continue to develop evidence about the workings of a young mind, the courts will likely continue to look to that evidence in the punishment of juvenile offenders.

Source: NorthJersey.com, “Ruling will make it more difficult to try juveniles as adults,” Anthony Campisi , Sept. 13, 2012