Juvenile Justice Reform Shouldn’t Rest on One Case - Even the Most Heinous
Hennepin County plea deal for two teens in murder case obscures larger issues
The Minnesota Chiefs of Police Association (MCPA) and Hennepin County Chiefs of Police Association (HCCPA), among others, have complained that juvenile suspects in even the most violent crimes are back on the streets soon after arrest; even many of those who are convicted are given probation or light sentences.
Although these criticisms pre-date last fall’s election of Mary Moriarity as Hennepin County Attorney, denunciation of light sentences for juveniles involved in heinous crimes exploded this week. Moriarity reversed an earlier decision to certify as adults two juveniles, ages 15 and 17, for their alleged roles in the murder of a 23-year- old mother.
The 22-year-old ex-boyfriend of the victim recruited the two teens and allegedly plotted the revenge murder. He should be held accountable for the crime. Reportedly, the 22-year-old will be charged with first degree murder. As part of their plea deal, the juveniles will be required to testify fully and truthfully against him. The 17-year-old has accepted the deal; the 15-year-old - who allegedly fired the shot that killed the woman - has not accepted the plea agreement.
While the deal has provoked outrage, longtime Hennepin County Judge Kevin Burke, now retired, offered three important points in an interview:
First, there is no guarantee that a court would certify the juveniles (especially the 15-year-old) as adults. They may have received lighter juvenile sentences without testifying against the person at the heart of the crime.
Second, the 17-year-old who accepted the deal not only must testify honestly and fully, but he must comply with the terms of the agreement during his stay in juvenile detention and during probation. If not, he could be resentenced as an adult to a much longer jail term.
Third, the prosecutor may have concluded that without the testimony of the juveniles, it would be harder to hold the 22-year-old accountable to the most serious charge.
Even with all that, Moriarity’s decision seems separated from the reality of juvenile punishment in Hennepin County. The plea deal she offered the juveniles would send them to Red Wing for short terms followed by probation until their 21st birthdays. It’s wishful thinking to believe they will emerge from Red Wing with the education or vocational and life skills needed to succeed as adults.
But set aside the particular case. The solutions to how best to reduce juvenile crime and rehabilitate those who are engaged in crime get lost in the emotions of a specific crime. Start by listening to what police and others are saying and invest in a state-of-the-art center specifically for juveniles, including suspects awaiting trial. If juveniles are convicted or plead guilty, get them off the streets and into a productive rehabilitation program. Locate a juvenile-dedicated facility so it is accessible for transportation-challenged family members to visit. Provide the funding for well-trained instructors to bring structure and discipline to the lives of young offenders. Most importantly, assure that juvenile residents are provided with rigorous academic, vocational and life skills curricula.
Framing the debate over public safety in terms of funding and police reform, as the state Legislature mostly is doing, is short-sighted at best. Minnesota can’t afford to lose these juveniles for a lifetime, but we also can’t tolerate a juvenile justice system if it just recycles criminals.
Maybe Moriarity will be proven right and juveniles, even those suspected in the most heinous crimes, will take hold of the second chance and become productive adults. The odds are against them, though, given the current state of facilities and programs.
Overcoming these odds will take funding to support families and communities; to assure safe and secure housing; to create access to health care (including mental health services); to invest in better early childhood education and K-12 schools that give all kids a realistic path to post-high school options; to support evidence-based diversion programs that help kids avoid criminal activities; and, to create meaningful and effective rehabilitation programs for juveniles who do commit crimes.
Until recently, the metro area had residential juvenile facilities that provided some of these programs. However, Glen Lake in Hennepin County and Totem Town in Ramsey County were shuttered with the promise that new facilities would be built. So far, that seems to be an empty promise. That is an expensive promise to ignore, especially with Minnesota sitting on a $17 billion budget surplus.
The murder of anyone is tragic. But one case shouldn’t cloud the larger challenge of juvenile crime that has become more common and often more violent. If the debate is only between “catch-and-release” and “lock them up,” Minnesota will be left with only losing choices. Expanding the choices will take smart leadership, wise investment of funds and a citizenry willing to listen to facts over emotion-driven narratives.
Sound, thoughtful take, as always, Tom. The case for hysteria and outrage at the plea agreement kind of falls apart when the details are explained and understood. This is true of so many situations that provoke hysteria and outrage, on both sides, but especially on the right these days. And the big picture on high and rising crime rates in a nation that is more punitive and less forgiving (and more unequal) than almost any other liberal democracy is always important.
Tired old perspectives on this issue just brings along division and conflict. We need to look at this but many other issues the same way. I’m not sure this country can really look at common sensible approaches like this. It’s alway go back to your corner and peddle the party line.