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Throwing the baby out with the bathwater?

By Gaveliers, The Gavel Media Team, on December 7, 2009 5:50 PM

By Caroline Merck -

Here in Massachusetts, 14 year-olds face imprisonment for the rest of their lives. According to current state law, adolescents as young as 14 can be saddled with what was previously an “adult” sentence: life in prison without the hope of parole. In light of what the scientific community knows about the adolescent brain and its development, this forgoing of all attempts at rehabilitation is an unconscionable practice.

By doling out these harsh sentences of life in prison without parole to those too young to sit on the juries that convict them, our system ignores the vast difference between an adolescent and an adult and tip-toes the lines of international law. Most importantly, by imprisoning children, we throw away the potential that adolescents innately possess.

While the United States prison system is notorious for punishing rather than rehabilitating, its clear that Massachusetts has a particular problem with how it handles its youth offenders.

Spurred by a perceived laxness of laws pertaining to juveniles, the Massachusetts criminal justice system made a drastic move towards conservatism during the 1990s. People viewed the laws defining how juveniles are prosecuted as inadequate because of the propaganda and fear-mongering that circulated in the early 1990s. Following a rise in violent crime committed by adolescents, studies warned of a coming generation of particularly violent youth, supposed  “super predators.” This labeling of the troubled adolescents who commit these crimes as predatory and remorseless killers has had devastating effects.

Overly punitive practices today came into being as a reaction against the ineffective policies that characterized the 1980s. Adolescents convicted of murder within the juvenile system faced incarceration only until their 21st birthday, allowing many who had committed serious crimes to leave unrepentant and un-rehabilitated.

Massachusetts criminal law in regards to juveniles has proven to be one of extremes. Once characterized by extreme leniency, it is now overly punitive–almost cruelly so. Clearly, our system needs to reach a more moderate middle ground —

and fast. More than 50 people, who were convicted before their 18th birthday are currently serving life sentences in this state, often despite not having committed a murder.

The U.S. government’s recognition of adolescents’ mental immaturity, and its corresponding effects on their decision making abilities, manifests itself in the prohibitive laws that exist for juveniles. It does not make sense that the state of Massachusetts ignores this within its justice system. Minors are considered unfit to cast ballots and buy cigarettes, yet no special provisions are made for them when they commit crimes.

Unlike in other states, in Massachusetts, little to no discretion is left up to prosecutors. Teens aged 14 to 16 charged with first or second degree murder are tried as adults, in adult court, where their age, history or potential for rehabilitation cannot be considered. One might ask how this can be construed as justice.

The most dangerous part of this process, in light of the harsh mandatory minimum laws that exist, is the sentencing portion. Judges have no choice but to give convicted minors the pre-approved adult sentence for their crime, regardless of extenuating circumstances. If a minor, even a fourteen year-old, is convicted of commiting or acting as an accessory to murder in a Massachusetts adult court, he or she, without exception, faces life in prison without parole. By locking up minors and throwing away the key, our criminal justice system squanders the unmined potential of our next generation.