Legislative Authority to Determine the Crimes for Which Juveniles Can Be Tried as Adults
POSITION: OPPOSE
What It Does: This amendment would allow the Legislature to decide by statute the crimes for which a juvenile can be tried as an adult in lieu of the limited list of crimes that are enumerated in the constitution.
Background: Last year, the Legislature rolled back one of the key juvenile justice reforms it passed back in 2016 and joined four other states in requiring that 17-year-olds be tried as adults if they are accused of committing a felony. Basically, that means court proceedings are different, sentences can be longer, fewer rehabilitative services might be offered, and punishment may include time in adult prisons.
Youth, 16-years-old or younger, are still tried in the juvenile justice system, but there are exceptions. They can be tried as adults if they are accused of committing one of 16 crimes that are specifically named in the constitution.
Basically, these are serious or violent crimes such as murder, attempted murder, manslaughter, rape, armed robbery, aggravated burglary, and kidnapping. This amendment removes that limited list of eligible crimes from the constitution and, generally speaking, would allow juveniles age 14-16 to be tried as adults for other crimes the Legislature authorizes by a two-thirds vote.
The 16 crimes currently in the constitution are also named in statute, so that list will not go away. But passage of this amendment would allow the Legislature to add to the list on its own without the vote of the people that is now required.
Comment: The justice system has long made distinctions on how juveniles and adults are tried and punished for criminal behavior. Much of that stems from the understanding that the human brain is not fully developed until a person’s mid-20s. In particular, the portion of the brain that controls impulse, decision making, and understanding of consequences is less developed in juveniles.
That is why the juvenile justice system places a much stronger emphasis on education, counseling, and probation in the belief that as young people mature there is a greater likelihood that they can be rehabilitated.
But the law also recognizes the need to ensure public safety and that in the case of serious offenses, young offenders should still face consequences and citizens must be protected. Louisiana’s current law acknowledges that. It includes an extensive list of crimes for which youth can be tried and sentenced as adults. They were placed in the constitution as a protection for children, but also to allow citizens to decide to what extent they believe young people should face the same punishment as adults.
We believe that makes sense. Some have argued that there are more crimes that young people are committing that need to be added to the list. That may be. But choosing to treat a child as an adult is a serious decision that the writers of our constitution did not want to take lightly. We think that ultimate decision should remain in the hands of the people, not just the Legislature.