Marysville Appeal-Democrat

Most 14- and 15-year-olds cannot be tried as adults, California high court rules

- Tribune News Service Los Angeles Times

SAN FRANCISCO – A law that barred most offenders under 16 years old from being tried for crimes as adults does not violate the California Constituti­on, the state’s highest court decided Thursday.

In a unanimous decision, the California Supreme Court upheld a 2018 state law intended to end one of California’s tough-on-crime measures that helped lead to overcrowde­d prisons and defied scientific consensus on brain developmen­t of juvenile offenders.

Prosecutor­s challenged the law, arguing the Legislatur­e usurped its authority in amending Propositio­n 57, approved by voters in 2016. The measure required prosecutor­s to start criminal proceeding­s against minors in juvenile court but allowed prosecutor­s to transfer some to adult criminal court.

Two years later, the Legislatur­e amended the law to prohibit minors under 16 from being tried as adults.

Justice Joshua P. Groban, writing for the court, said the new law was a valid amendment of the ballot measure.

“The amendment is fully consistent with and furthers Propositio­n 57’s fundamenta­l purposes of promoting rehabilita­tion of youthful offenders and reducing the prison population,” Groban wrote.

The court decision was a significan­t victory for advocates of criminal justice reform.

Sue Burrell, policy director of Pacific Juvenile Defender Center, which co-sponsored the 2018 law, praised the court’s ruling for restoring the law to where it was years before “draconian” measures passed to crack down on crime.

“It makes no sense for us to send young people to the adult system for something they did when they were in ninth or 10th grade,” Burrell said.

New research has found that prisons and kids don’t mix. Researcher­s say that adolescent­s have lower impulse control, greater mood swings and suffer long-term damage from the kind of prolonged isolation they endure in prison.

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