Killer Kids & The Justice System
By: Amanda Schroeder
Kids can be cute; I have 3 that are pretty adorable. I mean, they throw a lot of shade for humans under the age of 10 but that is about it. The teenage years are supposed to get a little “rough” but I can’t imagine any of my children ever killing someone. Unfortunately, though, there are some children that kill and there is a LOT of controversy over what should be done with them regarding punishment.
The controversy began in the 1980s when the term “super predator” initiated the court system to hand down harsher punishments for children under the age of 18 that commit a crime, and those that committed murder could be sentenced to life without the possibility of parole even if they were juveniles. The 1980s was a rough time for the criminal justice system. The crack cocaine epidemic was raging (resulting in harsher drug sentences that resulted in severe rational disparity) and juveniles were committing violent crimes at an all-time high (as an indirect result of the uprising of gang violence and the crack epidemic that severely affected 1000’s of kids who committed a violent crime.) Psychologists warned the public that juveniles were more dangerous than ever before and advocated for those that committed a violent crime to be punished harshly.
Fast forward to 2020; there has been a significant advancement in neuroscience and cognitive development since then and it changes not only the idea of “super predators” but the sentences regarding juveniles. Your brain does not reach complete development until you are 25 years old. One region that is in its infancy at that time is impulse control, in which impulsivity is a main component of most murders. With these findings they ruled that children could not be sentenced to life in prison without the possibility of parole, thereby allowing those previously sentenced the right to resentencing.
Of course, the media shouted the term “super predator” but didn’t broadcast that the “super predator” theory was debunked so naturally the individuals involved in the case and others in the community panicked. Why were the courts resentencing these violent and awful innately violent individuals? Oh yeah, because they are not innately violent. American rehabilitation is backward in comparison to many other westernized countries; but how? Well, we are one of the only criminal justice systems that boasts “rehabilitation.” However, have you ever been inside an American correction center? We do not make rehabilitating adults a priority. Why in the world would we focus that energy on children? If anything, we have been breeding super predators by introducing young criminals to the adult criminal justice system.
Recidivism is high because our countries prisoners become institutionalized. They become better criminals while in prison, rather than focusing on becoming functional members of society. Why should they worry about that? They are serving life in prison without the possibility of parole. The goal for young criminals shifts from possible rehabilitation with a shot at having a future and survival inside becomes a priority for many.
Now I am not condoning heinous levels of violence from children, nor am I saying that every child sentenced to prison should be treated differently; but let’s face it, we already know that our criminal justice system can be entirely too harsh in some cases and extremely relaxed in others. While the “influenza” teen was making national headlines, there were individuals that have served decades in prison for simply being involved in a robbery gone wrong as a juvenile. Felony murder states that any individual that is engaged in a felony that results in an individual’s death can be sentenced equally for the death as the person who physically caused it. Here is the tricky part; it is natural for a homicide victims’ family to want retributive justice for every individual involved in their loved one’s death. I cannot say for certain that if someone I loved was murdered in a robbery that I would not want all 5 participants punished swiftly regardless of their part in the crime. From the outside though? It is difficult to comprehend how we are locking up and throwing away the key on children that started the day thinking they were going to sit outside an empty house while their friends take a few valuables but end up being charged with murder when one of the group members is shot by the homeowner. This has happened.
Children do not have the propensity to comprehend the extent of their consequences. They may completely understand right from wrong and they may know that they are being criminal, but they do not have a long-term understanding of their actions. Of course, the correct answer to this would be to individualize each juvenile case that comes through the system; however, our system is completely under-supported to even attempt that. So now we are in this awkward stage in policymaking regarding minors.
With that being said, I have heard some grotesque cases involving teenagers. Teenagers that kill their parents with no apparent motive other than greed, children that engage in brutal sexual assault cases; or that involve torture to a shocking degree upon another child. One case that just made national news is of course the “Slenderman” case involving three teenage girls. One was severely mentally ill; and has since begun treatment for schizophrenia, the other a victim of good old-fashioned peer pressure. Both taking their “best friend” out to the woods one evening and stabbing her dozens of times and then leaving her for dead. One was under the impression that had she not murdered her best friend then the fictitious and terrifying “Slenderman” would come to get her, a figure much like the younger generations' “Bloody Mary.” This case broke my heart, not because the young victim was such a superhero and managed to stay alive and pull through which was nothing short of a miracle but because the factor that the parents in this case knew that their daughter was struggling with her mental health but was against medication. Had she been on medication, this incident may have never happened. So, who is at fault here? The parents that did not realize their daughter's condition warranted daily medication management and monitoring? Or the girl who wasn’t herself that will spend the remainder of her life in a mental institution being treated for a condition that is treatable in the community? This case saw 3 victims in my opinion, and it snuffed out three beautiful, still-forming lives.
Now, this case is a little different of course than say, the Menendez Brothers who seemingly shot their parents numerous times solely for the insurance money; all abuse allegations have never been corroborated (however they often aren’t) and it is still theorized that they simply wanted to live their lives with their parent’s money and no restrictions. The Good Wives will be discussing the case of the Mendez brothers in detail as one of our multi-faceted super cases this year. It will incorporate our blogs, podcast, and YouTube channel. So, be on the lookout for that.
It is always difficult to hear violent cases that involve minors; it tugs on a specific part of your heartstrings and makes you wonder; is it just a bad apple? I do not know that there is any real “fix” to the over the sentencing of juveniles; in most cases today, juveniles involved in murders tend to be transferred to adult court regardless of the situation and the courts tend to look at the case analytically. If the crime fits the bill of an adult crime; then the child is transferred to adult court almost every time. But what is happening to these children? We are punishing them for acting too grown up by throwing them into a facility where acting childish is more than unallowed but is a safety issue. These children make perfect prison exploitation victims and the more they enmesh with these adult, seasoned criminals; the more criminal they become themselves.
We are creating a breeding ground of violent predators by introducing suggestible minds into criminality breeding grounds. So, how do we properly seek justice from juveniles that have lost their way without getting into the long and unattainable reality of prison reform? It would be plausible that we should advocate for prevention programs. There has been a large influx of specialized court programs that have been exceedingly successful for individuals that are charged with narcotics, drug courts, family courts, domestic violence courts, DUI courts, and mental health courts. The criminal justice system in America has slowly been shifting from retributive justice to rehabilitation but there is still so much controversy surrounding what should be done with children.
Children and adolescence that commit murder are often from abusive, neglectful, and turbulent homes, and a lot of the time they tend to lack the emotional support that facilitates emotional development. Many of the youth killers suffer from a variety of mental health disorders ranging from personality disorders to mood disorders that often go either untreated or ignored. In a lot of cases, the individuals that are sentenced to prison find that lock up even provides more structure than their previous home lives. Granted, regardless of the age of the individual; the victims and their families involved deserve justice and oftentimes the age of the offender does not affect the desired outcome for them.
Since the Supreme Court ruling that found the sentence of life without the possibility of parole completely inhumane for individuals that were under the age of 18 at the time of the crime; individuals nationwide have reappeared in front of a judge for a resentencing hearing. These hearings usually involve the defense portraying the ways that the offender has thrived while incarcerated and sadly enough, many do thrive in a structured setting such as prison. While they have the option of completing school, getting inside jobs, and counseling; their rehabilitation options often would be more sufficient out in the community.
Those that are given new sentences will have the opportunity to see the outside of prison however it does not always mean that they will have a release date that is anytime soon. In these instances, all factors are considered in resentencing; the crime, the brutality of the crime, age of the offender at the time, the past home life of the offender, and the victim's or their families' wishes in the matter. There have been some juvenile lifers that have been resentenced to find that they had served “their time” and they are released fairly quickly and then there are some that could be resentenced to multiple more decades before being eligible for parole.
Research has shown consistently that the criminal justice system is very often a “revolving door” and recidivism rates of paroled individuals are exceedingly high for various reasons; institutionalization, inability to obtain work, housing problems, probation and parole restraints, and socioeconomic reasons to name a few. There has been the question of whether individuals that have been in prison during the peak of their social and emotional development would be more likely to commit crimes after release as they do not know any other way of life and have been exposed to all kinds of criminality while behind bars which is a valid concern. Luckily, the recidivism rates for murder are surprisingly low in comparison to those incarcerated for crimes such as possession.
It is difficult to comprehend youth killers; the younger the individual the more difficult it is to wrap your head around and it is so easy to assume that these kids are simply “bad apples’’ that cannot be rehabilitated. It opens the door to the “nature vs nurture” debate that has been in full swing since behaviorism. A debate for another time; or else I will hop on my soapbox and never get off; but essentially, we are learning that while nature is a factor and predisposition is extremely significant, often these kids are not “born bad,” but rather have multiple risk factors for violent behavior because of their personal living situations. The discovery that the brain is not fully developed until an individual is 25 has completely changed how we should be dealing with criminal kids. Although our criminal justice system has a LONG way to go before, we can ever say that it has been “reformed” (let’s face it, our criminal justice system can be ridiculous) allowing these youth to be resentenced instead of simply locking them up and throwing away the key like they are rabid animals is quite a step in the right direction.
Originally published at http://madgingerentertainment.com.
