What this legislation would do…
HB994 would increase the number of children automatically tried as adults by routing children ages 13-16 into the adult criminal justice system if the alleged crime happens in the context of a “gang.” The link to the legislation is here. It fails to account for critical psychological and developmental aspects that pertain to youth with juvenile and criminal justice system involvement.
This legislation will not serve Georgia, its children or its families well.
It will harm vulnerable, already traumatized children that our systems have failed.
It will not be an effective deterrent to crime or make society safer.
“Gang” designations will be inaccurately applied to youth and exacerbate extant class and racial inequities in the juvenile and criminal justice systems.
Some Background Info.
Adolescent brains are not fully developed. This impacts how they make decisions and their ability to weigh pros and cons or consider long-term consequences. Developmentally, they are also more impulsive than adults.
For most adolescents, delinquent activity occurs in groups, not solo. This is a distinction from pattern of adult crime.
Youth who are tried as adults and are in adult facilities have worse outcomes mentally and are more likely to re-offend.
The juvenile and criminal justice systems are over-represented with youth with mental health problems, histories of interpersonal and structural trauma, and black and brown youth. Statistics are clear this is not just because of youth behavior, and bias and racism are part of the problem.
What This Means
This legislation will harm vulnerable, already traumatized children that our systems have failed.
The data is clear. Traumatized youth are over-represented in the juvenile and criminal justice systems, and youth who are tried in adult courts and who serve time in adult facilities have worse outcomes. They do not get age-appropriate educational or mental health services, and during a critical developmental period they are labeled and treated as hardened criminals. They are more likely to be traumatized, have mental health problems, attempt suicide, and upon release, re-offend. Their best chance for changing course and rehabilitation is the disposition of their case in the juvenile justice system.
It will not be an effective deterrent to crime or make society safer.
Most youth crime is impulsive and done with a lack of appreciation for long-term consequences. Many will not even know this legislation exists. Those who do are unlikely to have their behavior shaped by it during critical decision-making branchpoints when they are acting impulsively. Furthermore, given their age, unless they are incarcerated their entire life (at great cost to society who would have to feed, clothe and provide their medical care) they will be released at some point, often with decades left to live. Traumatized people without a marketable skillset, education or positive, adaptive experiences in the community are at a marked disadvantage for successful re-integration.
“Gang” designations will be inaccurately applied to youth and exacerbate extant class and racial inequities in the juvenile and criminal justice systems.
A distinguishing feature of adolescence is an increased reliance on and engagement with peers. It follows that a distinguishing characteristic of youth crime is that it is often committed in groups. Given how peer groups are formed, they likely will have commonalities that could be interpreted as indicators of gang involvement given how this legislation is currently written. For example, I repeatedly saw children who had offended with an older brother or two, or an older brother and his friends. If enacted, this legislation could easily mis-label such children as gang members simply for being born into the wrong family.
Additionally, there is well documented disproportionate minority contact of black and brown youth in juvenile and criminal justice that is not entirely explained by youth behavior. Impoverished youth are also over-represented. Implicit bias regarding dangerousness and gangs will undoubtedly surface here. Black and brown youth will face harsher punishment because of the color of their skin and the income of their parents, both factors over which they have no control and that say nothing of their individual potential and capacity for rehabilitation.