A Juvenile Justice Reform Proposal for North Carolina

As many of you know (mainly because you’ve tried to contact me and I haven’t been available!) Chief Justice Mark Martin appointed me to serve as Reporter for the Criminal Committee of the North Carolina Commission on the Administration of Law and Justice (NCCALJ). This month the NCCALJ is holding public hearings on its reform proposals. One draft proposal, from the Criminal Committee, calls for North Carolina to join the majority of states in the nation and raise the juvenile age to 18. This post provides an update on the Committee’s work on that issue and hopefully will facilitate your comments on the draft proposal. North Carolina currently treats 16- and 17-year-olds like adults for purposes of criminal justice. Consider Tommy, who gets into a school fight a day after his 16th birthday. Tommy is arrested. Because he can’t pay his secured bond, he’s detained in the local jail, with adult defendants. Tommy’s case proceeds to adult criminal court without any required parental involvement. Tommy is convicted and serves his sentence in adult prison. His criminal record is publicly available, making him ineligible for employment, public education, and college financial aid, among other things. What would have happened if the fight occurred just two days earlier? Kids under 16 who commit crimes are treated as delinquent in the juvenile justice system. A court counselor could divert Tommy’s case, requiring him to participate in rehabilitative programs like counseling and teen court. If Tommy succeeds on diversion, his case could be closed. If [...]