Jennifer A. Chin

While our penal system acts to punish adults who commit murder, there seems to be no compensatory consequences for children who do the same. The former are subject to capital punishment or long prison sentences, while the latter are subject to rehabilitative state control until they reach the majority age of eighteen or twenty-one, with the exception of those minors who may be transferred to criminal courts. Therefore, an injustice is occurring and a modification of our approach to juvenile murderers is required to address this injustice.

The common view is that juveniles are not mature or mentally developed enough to receive adult-like responsibilities and, thus, when charged with murder, should not face the same consequences as adults. But, these juveniles are not as irresponsible and irrational as they are purported to be. Minors as young as twelve are capable of understanding their actions and the consequences that result therefrom. Legally, this rationalizing ability allows for these young individuals to appreciate their actions. Accordingly, juveniles of at least the age of twelve are blameworthy and morally responsible for their crimes. Therefore, children twelve years of age and older should be subject to criminal liability.

Since those over twelve should be criminally responsible for their actions, the legal system should not take measures to protect them as if they are not responsible. Subjecting these juveniles to the adult system for only the specific act of murder would not violate the evolving standards of decency because of the violent and abhorrent nature of the crime. Lately, due to the recent and numerous accounts of deaths at the hands of children, there has been a public outcry for tougher sanctions for those that kill, regardless of the age of the accused. Therefore, it is necessary for state and federal governments to amend their statutes to mandate that minors twelve years of age and older who kill be transferred to criminal courts. Automatic waivers, not judicial or statutory waivers, should be implemented because they prevent inconsistencies by eliminating judicial discretion.

Primarily, the JDA must be amended to catalyze juvenile reform towards harsher standards. According to Representative Charles Canady, "the federal government . . . play[s an important role] in encouraging the states to develop more effective policies, particularly to deal with violent children." Federal enactment of a statute that treats twelve-year-old murderers as adults would act a catalyst and move the states toward adopting similarly strict juvenile criminal statutes. Eventually, all states likely would adopt a statute similar to that of the federal government as they did when the JDA first was enacted and when the JDA was amended in 1974 and 1984.

If America's goal is to decrease the frequency of murder, it cannot ignore the fact that its children are part of the problem. We must acknowledge that harsher procedures and heavier penalties are required for juveniles who murder. We also must realize that treating these individuals as if they are not at fault only perpetuates the problem and does not solve it. It is time to tell all juveniles that murder will not be tolerated by prosecuting them as adults to the fullest extent of the law.