Caught in the Crossfire: Understanding Juvenile Offenses and the Justice System

Children and teenagers (those under 18 years of age) are too often caught up with the wrong crowd or simply make stupid decisions, leading them to encounter the criminal justice system. Modern neurology and medicine have shown that the male brain does not “mature” until the mid-20s. If a young person is unfortunate and makes a mistake, he/she can wind up in the Youth Court or worse, in the adult criminal justice system.

This blog will focus on the following topics: (a) offenses committed by juveniles which cause them to automatically be treated as adults, (b) avenues to youth court, and (c) harm from treating juveniles as adults in the criminal system.

1. Offenses committed by juveniles which are automatically treated as adults.

The Youth Court has “exclusive original jurisdiction” in cases concerning a delinquent child, a child in need of supervision, a neglected or abused child, or a dependent child, with exceptions.[1] (what is a law without exceptions?!). If the punishment for an offense against a juvenile could be life imprisonment or death if the juvenile were an adult at the time of the offense, the adult court (typically the Circuit Court) has original jurisdiction by statute.[2] Adult courts also have original jurisdiction over “any act attempted or committed by a child with the use of a deadly weapon…which would be a felony if committed by an adult.”[3]

Consider a situation where two teenagers are driving on a public street. Both teenagers should not have but do have possession of pistols. Suddenly the passenger in the backseat unexpectedly shoots his weapon from the vehicle at another car. There is absolutely no evidence the teenage driver knows the passenger would shoot at someone. Law Enforcement arrests the Driver and the Passenger as adults because a deadly weapon was used. Both are formally charged with a felony offense[4] and are exposed to the adult criminal system and even adult prison. But, after a thorough investigation into the facts and law, is there any evidence the Driver “used” his gun during the commission of a felony? Is merely having a gun the same as using a gun? Skilled lawyers like Coxwell & Mullins will make every effort to get the Driver’s case back to Youth Court.

Another good example of a case we handled took place when a grandmother and grandfather adopted two little grandchildren. When they became teenagers, the grandfather had reached his mid-70s. The grandfather started showing signs of senility or forgetfulness. One time he got mad at one of the granddaughters who was washing dishes. He came up yelling at her and raised the butt of a rifle. She turned around and pushed him, not even realizing she was holding a handful of silverware and a long knife. No one realized the long slender knife punctured his side. He sat down to read his newspaper and slumped over and died.

The District Attorney indicted the young girl for aggravated assault with a deadly weapon, which was a “butcher knife.” The D.A. claimed a butcher knife was used because it took the case out of Youth Court and placed the young teenager in Circuit Court as an adult. The Youth Court Act states:

Any act attempted or committed by a child with the use of a deadly weapon, the carrying of which concealed is prohibited by Section 97-37-1, or a shotgun or a rifle, which would be a felony if committed by an adult, will be in the original jurisdiction of the circuit court…

Turning to Miss. Code 97-37-1 mentioned above, before the Youth Court would have original jurisdiction, the juvenile would need to have possessed one of the following:

any person who carries, concealed on or about one's person, any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack…

As with most cases, the facts and law must be investigated in extreme detail and the law scrupulously followed. In the case above, Coxwell & Mullins found a Master Bladesmith. There are fewer than 150 in the United States. This Master Bladesmith testified that the knife the teenager had in her hand was not a “butcher knife.” The Circuit Court judge agreed, and the young girl’s Indictment was dismissed putting her back in Youth Court custody.

2. Potential avenues to youth court.

Even if a youth is charged for an adult crime, the Youth Court Act provides for a transfer hearing in Circuit Court. An attorney for a youth may file a pleading in Circuit Court listing factors that might convince the Circuit Court to send the case back to Youth Court. Samples of these factors are the seriousness of the alleged offense, whether a transfer to youth court is required to protect the community, the sophistication and maturity and educational background of the child, the child’s home situation and emotional condition and lifestyle, and many other factors must be considered in a hearing to transfer a matter from adult to the youth court.[5]

3. Consequences of children treated as adults in the system.

First, let me state in my opinion, I do not believe a young person is automatically an “adult” when the magic 18 number hits. As I stated earlier, an 18-year-old does not even have a mature brain! According to BJ Casey, Ph.D.[6], “the field is recognizing that significant neurocognitive changes continue into the 20s. Those changes have consequences regarding decision-making,” and research in this area may inform more scientifically aligned approaches to reward, punishment, justice reform, and other areas.[7] I do acknowledge that there are offenses where the crime is so severe or horrible, or the actions of the youth are so pitiless, that original jurisdiction might be proper immediately.

The principal purpose of the Youth Court Act is to rehabilitate and restore rather than to punish and destroy.[8] According to the Mississippi Supreme Court “the uncontradicted evidence reflects the facilities for such training are virtually non-existent at the Department of Corrections.”[9] There is no specialized treatment for juveniles. A foundation principle as stated by the United States Supreme Court is that “imposition of the State’s most severe penalties on juveniles cannot proceed as though they were not children.”[10]

Children are charged with offenses as adults every single day. Coxwell & Mullins is aggressive, intelligent, and experienced at helping parents and minors. At Coxwell & Mullins we have genuine experience. The information on our website is backed up by actual cases not flowery or hyperbolic language. When you or a loved one needs help, call us at 601-948-1600, or email us at courtneys@coxwelllaw.com or chuckm@coxwelllaw.com.