February 7, 2006

Dear Editor:

Juvenile justice is very much a "pay me now or pay me later" issue. The vast majority of adult felons began their career in crime in the juvenile justice system. There is no doubt that some of the offenses committed by juveniles in Mississippi are so heinous and so outrageous that our sense of justice demands trial and incarceration as an adult. However, the members of the Association of Private Corrections and Treatment Organizations believe that these cases are the exception rather than the rule.

State representative George Flaggs, in his opinion editorial "Don't 'throw away' another child in prisons," argues for a careful review of juvenile cases. Our members believe that the best opportunity to reduce adult crime and begin the process of closing the revolving door to prisons is to provide juvenile offenders with the education, treatment and rehabilitation programs that will give them a chance to make the choice to turn away from a future of criminal behavior. Most juvenile offenders have been the victims of substance abuse, physical or sexual abuse. They often lack the basic literacy skills to be successful in life.

It is good public policy to carefully consider each juvenile case individually and to provide, where appropriate, an alternative program to adult incarceration. Doing so gives society a chance to salvage the future of an individual and perhaps avoid the enormous cost of crime to our society, our criminal justice system, and the victims of crime.

Sincerely,
 

 
Michael T. LoBue, Executive Director
Association of Private Correctional and Treatment Organizations
www.apcto.org

By Rep. George Flaggs
Special to The Clarion-Ledger
February 4, 2006

The Mississippi Court of Appeals has upheld the conviction of Tyler Edmonds. Tyler is a 15-year-old who Mississippi condemned to spend the rest of his life in prison for a crime he allegedly committed when he was just 13 years old.
The Court of Appeals did not arrive at this decision lightly. Indeed, the Court felt it had no choice but to leave Tyler in prison for the rest of his life because under current Mississippi law a child tried as an adult is denied protections generally afforded youths.
In the words of the court, "Historically, the judiciary and the Legislature have addressed the rights of minors and the need to afford them extra protection, as evidenced by the Youth Court Act, child support enforcement provisions, and laws regarding statutory rape. ...Tyler lacks the capacity to vote, drive, get married enter into a contract or drop out of school; however because he is faced with such a grievous charge he is automatically not afforded the protections of the Youth Court Act."
The court explicitly questions the wisdom of this practice and suggests that the Legislature reexamine the way Mississippi treats children accused of serious crimes.
I have introduced House Bill 1090, the Juvenile Transfer Reform Act, for this purpose. This new law would prevent mandatory sentences for children, require a hearing before trying any child as an adult and re-establish parole for all children serving time in Mississippi's prisons.
We require that children accused of certain crimes be tried as adults, subject to mandatory sentencing and refused parole. As the court noted, existing law acknowledges that children lack the capacity of adults in many other spheres.
Children in the criminal justice system must be treated like children. I am not suggesting that children who commit crimes shouldn't be held accountable; but the system must make accommodations for the diminished capacity and maturity of youth.
In a recent landmark decision, Roper v. Simmons, the U.S. Supreme Court recognized that we must offer special protections to children accused of crimes because "the susceptibility of juveniles to immature and irresponsible behavior means their conduct is not as morally reprehensible as that of an adult."
We must provide special protections for children involved in the system - from the moment they enter the system.
Tyler's case illustrates this need. During hours of interrogation, Tyler steadfastly denied any involvement in the crime for which his 26-year-old sister has been indicted. After being separated from his mother, he finally gave interrogators what they wanted to hear: a rambling, often nonsensical confession.
Though he recanted immediately, Tyler's conviction hinged on this confession. Now Tyler spends his days in a state prison. Even though he is just 15, he is treated as "an adult" and has lost his constitutional right to rehabilitation and education.
The Juvenile Transfer Act will help ensure that Mississippi does not throw away another child and I urge my colleagues to heed the courts and pass this legislation.

Rep. George Flaggs is chairman of the House Juvenile Justice Committee.