old enough to do the crime -- old enough to do the time
Fifteen-year-old Derrell McNair isn't old enough to drive, but he is standing trial as an adult on charges that could send him to prison for the rest of his life.
In the future, young teens like Derrell who are accused of criminal acts might never see the inside of an adult courtroom. A proposed revision of Georgia's juvenile code recommends any decision on trying children as adults should start with those who deal with children on a daily basis -- juvenile courts.
Derrell's case started in Superior Court, because one of the charges he faces is armed robbery.
Under current law, the seven most serious criminal acts automatically send juveniles as young as 13 to adult court. Armed robbery is one of those crimes.
Derrell, whose trial began Tuesday, was just 14 when he allegedly joined two men in a burglary that turned into a shootout with a business owner in July 2007.
Under the proposed code revision, no one younger than 15 would stand trial as an adult for a felony offense, and no youth younger than 14 would stand trial as an adult for any crime but those punishable by death or life in prison.
The revision is based on a 2003 published study by the MacArthur Foundation that found "children under the age of 14 were likely not competent to stand trial."
Some age limit has to be set, and the scientific evidence says 14, said Floyd County Juvenile Court Judge Timothy Pape. "I think we should listen to the doctors."
The state's Juvenile Court judges are still debating the merits of the proposed revision released earlier this year, said William Sams, one of the judges in the Augusta Judicial Circuit and a member of the executive committee of the state's Council of Juvenile Court Judges. The judges intend to have a response to present to the General Assembly this winter, Judge Sams said.
He likes the idea of these cases starting with Juvenile Court judges. They are more in tune with what is available to help juveniles and in determining when rehabilitation is possible, he said.
What makes someone a criminal isn't just the act; it's the intentional act by someone who knows it is wrong and doesn't care, Judge Pape said. It's a thinking process, and the scientific evidence says the area of the brain involving reason lags significantly behind the development of other areas of the brain.
The proposed revisions would knock out the Gail Hendrick Law, named for an Augusta teacher attacked by a 13-year-old pupil. Ms. Hendrick was left in a coma after being beaten and stabbed in November 1999, but the youngster could not be tried as an adult for aggravated battery.
Teens could still be tried as adults under the revisions if a Juvenile Court judge believes transfer to Superior Court is best. Judge Sams, who usually presides over Richmond County cases, worries about one consequence of that -- the potential mandate to open Juvenile Court proceedings to the public.
Under current law, a Juvenile Court judge can open proceedings after weighing the privacy needs of the youth with the public's right to know. If the Juvenile Court were to lose that ability, Judge Sams said, it might be better for Superior Court judges -- who are elected -- to make those decisions. Juvenile Court judges are appointed.
Derrell's defense attorney asked Superior Court Judge Duncan D. Wheale to transfer the case to Juvenile Court, but he refused. One reason he cited was the fact that Derrell had been in Juvenile Court repeatedly before the incident for which he's standing trial.
Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com.
Comments
old enough to do the crime -- old enough to do the time
These so-called "children" are only children in age not in mentality...The mental and physical aggressiveness begins where the bottle leaves off...The system has failed, the family unit has failed so to coddle these street hardened thugs will be a huge failure...They, "Children" need to be rounded up, put in camps to work...No work no eat...Until families start to take control of their own children, teaching them values that go well beyond what they are being taught now will we, as a society, begin to see changes...To be clear on "changes" does not in anyway entail more government handouts...
Our current judicial and prison systems are not set up for rehabilitation. If major changes were made before considering this adjustment in the law, it would make sense. Otherwise, sincetime makes sense.
The only difference between a 14 year old hood-rat maggot and a 15 year old hood-rat maggot is 12 months. They are still hood-rat maggots regardless of age in years. "sincetime" is exactly right---old enough to do the crime, old enough to do the time.
What are our options? In order for the majority to feel safe these kids, regardless of race, must be confined.
If the Precious little thug butt hood-rat maggots want to do adult crime they should have to do adult time.
I know, I know crime is crime but, adult crime sounded good at the time.
I thought the age of knowing right from wrong was considered about 12 years of age. If kids above this age does an adult crime then they should do adult prison time. Our prisons need some method to try and rehabilitate these people, but most of the time they come out more criminal than when they went in.
Interesting that in the past couple of days we have 13-14 year olds as competent for their actions, but an 18 year old not competent to buy a beer.
If this goes into law, These so called kids are smart enough to know...it will give them a FREE PASS TO RAPE, ROB & KILL. To any people out there who think these felons are to young to go to jail for life? Maybe the next one they kill will be your..Mother, Brother or anyone you love. I bet you will feel different then. A few months ago Augusta...Remember that 12 year old who killed a man during a home invasion & ran out of the house laughing, he knew what he did. Everyone must face the truth...SOME PEOPLE ARE NOT WORTH SAVING ! Unless our legal system can guarantee us 100%..these kids will never kill again?They should never be released.
I’m feeling ya getalife and not to mention they get to lift weights and and learn stuff from other thug butt hood-rat maggots and get bigger and badder.
Get rid of the gas powered lawn mowers and string trimmers (money savings) and give them sling blades and bush axes and put them to work cleaning the road sides and ditches.
I thought the government said those under 21 years old are not mature enough to legally drink alcohol? To me that means they don't have full legal rights even at 18.
Amen River Full legal responibility at 13, Full rights at 21.
What in the world does buying beer got to do with it? I bought beer at fifteen and I never robbed, raped or killed.
This child was in the special services class when he was in elementary school. Has anyone looked into that? He was in the emotional behavior class. (EBD)
fry the little gangsta wannabes at 12, saves a lot of time, effort and esxpense further down the road.
A criminal is a criminal. I don't understnd how people who claim to be so law and order with things like underage drinking, marijuana laws, etc., cruise down the interstate at 95 mph and think thats just fine.
"special services"??????????
"direct legal attack on minority teens", justus4. It would be refreshing if just once you could post comments on things without playing the race card. Try it once, you just might find it actually enriches your life.
I bet you would feel differently if one of the babies were to kill someone that YOU love!!!!
Let's get one thing straight right away. These kids are not your normal everyday kids. Let's also stop playing the blame game. I don't care if your abused, neglected , molested poor, or your mommy and daddy are rich. When you make the choice to do something violent you are responsible for taking whatever punishment comes with it. The "let's blame video games or violent movies or a bad upbringing" has to stop. When we fail to make individuals (no matter what their age) to take responsibility for their actions they learn to play the sympathy game. We should immediately go back to corporal punishment in our school system and we should also start making education a responsibility not a right. If your child is disrupting school they are out. Why should your child's disruption interfere with the 30 other kids that want to learn? In the last 20 years it seems our society has moved into this "it's not my fault because" crap and I am sick of it.
Make them at an early age when they misbehave at school arrive early and stay after and clean the grounds with sling blades and bush axes. ( No gas saves money for books and supplies )
riverman, Tech, are ya'll really that dense? Do you really not differentiate between knowing right from wrong and being able to make a mature decision? If not, that may explain a lot of the comments you make. Are either one of you over 25?
Just Me #2, I bet you would feel differently if this was your son or grandson.
PT" Way over! A four year old knows(or should) that it's wrong to steal. Let's slap him in cuffs, drag him to jail, and throw the book at him if he pockets a candy bar at the grocery store. Then we can build a whole series of prisons for the kindegarden set if they do it again and are repeat offenders. Just pointing out the absurdity of our legal system. Oh wait, I guess if the four year old is rich and gets a team of lawyers like O.J., he'll get off.
Simple solution. Charge by the crime NOT age!!!
That’s the BoldTruth, but then, everybody thinks their children and grand children are the best. The truth hurts sometimes.
OK, so insted of trial due to age, lets give them an IQ study, and figure it out. Remember Doogie Howser, the braniac, whiz-bang doctor? Not all kids are as deficient or devoid of brain cells as suggested, but then again, look at the perpetrator. Need I say more? J4 Shivas, where are ya?
The Augusta Chronicle ©2012. All Rights Reserved.
