Wednesday, July 31, 2013

Juvenile Justice Reform

Every issue we work on is important to us and to our clients, but some issues have a broader societal impact than others. The opportunity to help shape public policy in Massachusetts, whether through regulatory reform that brought managed competition to private passenger automobile insurance or comprehensive legislation to control spiraling health care costs, is the reason Patricia and I got into this business in the first place. That's why the Senate's unanimous approval yesterday of a bill previously passed by the House to raise the age of the upper limit of the jurisdiction of the Juvenile Court by one year from 17 to 18, was so professionally rewarding.

All 17-year-olds in Massachusetts are now automatically treated as adults when they are accused of a crime, no matter how minor the offense. Research shows that kids sent to the adult court system are more likely to reoffend and to escalate to violent crime than their peers who are treated as juveniles. Unlike the adult system, the juvenile system requires that young people continue to attend school and participate in appropriate treatment and counseling.

Particularly disturbing is the fact that because current law treats 17-year-olds as adults, parents are not notified of their arrest, need not be present at interrogations and have no role in court proceedings, including plea bargains. Finally, when youths are held in adult facilities, they are at a much greater risk of suicide and of physical and sexual assault from other inmates.

It is important to note that the legislation does not change the law requiring a 17-year-old accused of murder be tried and sentenced in adult court. And 17-year-olds accused of other serious crimes could still be indicted as "youthful offenders" and be given adult sentences.

We are proud to have worked with the staff and volunteers of Citizens for Juvenile Justice Reform to advance a policy that will increase public safety, reduce crime, save money and protect young people. It has also been a pleasure to collaborate with a diverse and bipartisan group of legislators such as Rep. Kay Khan (D-Newton), Rep. Brad Hill (R-Ipswich), Rep. Eugene O'Flaherty (D-Chelsea), Senator Karen Spilka (D-Spilka), Senator Katherine Clark (D-Melrose) and Senator Bruce Tarr (R-Gloucester) on legislation that makes such good sense.