Were the constitutional rights of defendants who were prosecuted as adults in criminal court for offenses that they committed at ages 16 or 17, and prior to December 1, 2019, violated because the jurisdictional changes under raise the age were not retroactive? The North Carolina Court of Appeals does not think so. The decision in State v. Garrett, 2021-NCCOA-591, answers this question. Continue Reading
Parts I – IV of Session Law 2021-123 make changes to the statutory structure that raised the age of juvenile jurisdiction to include most offenses committed at ages 16 and 17. The most significant changes relate to new prosecutorial discretion to decline to transfer cases in which the most serious charge is a Class D – Class G felony and the ability to extend the length of jurisdiction when a juvenile is committed to a Youth Development Center (YDC) for a Class A – Class E felony committed at age 16 or 17. The raise the age changes in S.L. 2021-123 are detailed below. Continue Reading
Session Law 2021-123 includes several significant changes to the law that governs juvenile delinquency cases. This post will describe one of those changes—an increase in the minimum age for delinquency and undisciplined cases. As I write this post, that age is set at 6 years old. G.S. 7B-1501(7)a., -1501(27)a. Beginning with offenses committed on or after December 1, 2021, the minimum age for most acts of delinquency and for all undisciplined behaviors will be 10 years old. S.L. 2021-123 § 5.(b). This change comes with limited exceptions that provide for delinquency jurisdiction for some offenses committed at ages 8 and 9, a new procedure for juvenile justice to work with children between the ages of 6 and 10 through a juvenile consultation process, and new law related to the role of parents in juvenile consultation matters. This post walks through each of these components. Continue Reading
Children in North Carolina can be tried as respondents in delinquency proceedings for their actions beginning at age 6. The inclusion of young children in delinquency jurisdiction, some of whom may be young enough to remain staunch believers in Santa and to eagerly await a visit from the tooth fairy or the Easter bunny, raises significant legal questions in light of their developmental maturity. Those questions include:
- whether the infancy defense should play a role in delinquency proceedings?
- whether the capacity standard used in delinquency proceedings should explicitly account for developmental immaturity?
- at what point do children develop the skills necessary to function as a competent respondent?
A new Juvenile Law Bulletin, Including Young Children in Delinquency Jurisdiction: Issues of Infancy and Capacity, is now available and discusses these issues in-depth. This blog provides some highlights of the bulletin. Continue Reading
North Carolina sits four days away from implementation of the most significant change to juvenile court jurisdiction since the inception of the juvenile delinquency system 100 years ago. Beginning on December 1, 2019, most offenses alleged to have been committed by 16- and 17-year-olds will begin under juvenile jurisdiction. G.S. 7B-1501(7)b, G.S. 7B-1604(b). This change will shift the procedures that law enforcement must follow when processing 16- and 17-year-olds for these now juvenile offenses from criminal procedures to juvenile procedures. The good news, as Jeff Ledford, Chief of Police in Shelby, N.C., put it—if an officer knows how to take a 13-year-old into custody today, that officer knows how to take a 16- or 17-year-old into custody on December 1st. This blog provides three key tips for law enforcement to follow and links to a short training video and job aid developed specifically for law enforcement training on raise the age. Continue Reading
On April 10, 2017, New York’s governor, Andrew Cuomo, signed legislation raising the age of criminal responsibility in the state of New York from 16 to 18. New York and North Carolina were previously the only two states that automatically prosecuted 16-year-olds as adults. Long-standing raise the age campaigns in both states have repeatedly failed due to conflicting views about the need to rehabilitate juveniles versus the need to maintain public safety. New York lawmakers recently reached a compromise that raises the age for most juveniles but still allows violent offenders to be tried as adults. A similar approach being considered by North Carolina lawmakers would raise the age of juvenile court jurisdiction to include 16 and 17-year-olds who commit misdemeanors and nonviolent felonies, but would exclude violent offenders. Here’s how NC’s raise the age proposal compares to NY’s new law.