Tennessee lawmakers have been on a roll lately with new attempts to crack down on crime, and particularly crimes committed by children.
A new law set to go into effect in January 2025 could mean more juvenile offenders could end up in adult prisons.
Two sentences, one juvenile and one adult
Under current law, children convicted of crimes through the juvenile court can face juvenile sentences only until they reach age 19. The new law imposes a system known as “blended sentencing,” under which children convicted of crimes through the juvenile court system can also face prison sentences or probation in the adult system. In addition to their juvenile sentences, these children can also be sentenced to up to four years in adult prison, but this adult sentence is put on hold so long as the child meets certain requirements.
These requirements include not committing another crime, but also non-criminal behavior. Theoretically at least, a child who fails to graduate high school could end up being sentenced to adult prison even if they don’t commit another crime. The new law could apply to children as young as 14.
Is juvenile crime on the rise?
The blended sentencing law follows other harsh new laws directed at juvenile offenders. In April, lawmakers passed the so-called Juvenile Organized Retail Theft Act, a new law that allows minors to be tried as adults for shoplifting. Another new law allows courts to impose fines on parents if their children commit crimes.
Lawmakers say these new laws are necessary to combat a surge in violent crimes committed by youth. But critics say this is misleading. For one thing, some of the crimes targeted are not violent. For another, the surge in juvenile crime may not be real.
According to news reports, there was an increase in juvenile crime in 2022, but the next year the rate was the same as it had been in 2021. Here in Memphis, data compiled over a longer period show that juvenile offenses have been declining for more than a decade.
The rights of the accused
It’s difficult enough for a young person who faces charges in the juvenile justice system, but it is much worse to face charges in the adult criminal justice system.
Those who are accused of crimes at any age have the right to a defense. When the charges are serious and the penalties harsh, they need the best defense they can get.
