D.C. Council Considers Giving Juveniles a Break in Criminal Court

WASHINGTON -- The District of Columbia Council is considering a bill that would no longer allow prosecutors to charge juveniles as adults without a judge’s permission.

Under current law, 16-year-old 17-year-old juveniles can be charged as adults, which is most commonly done for serious crimes. The choice is a matter of prosecutorial discretion.

The Redefinition of Child Amendment Act would mean all the juvenile cases start in juvenile court. They could be transferred to adult court only if prosecutors convince a judge there is no reasonable possibility the juveniles could be rehabilitated in the juvenile system.

The law would present prosecutors with a tough standard that represents a big change from the way they handle juvenile cases now.

City records show that from the beginning of 2013 to July 2020, more than 250 defendants ages 16 and 17 years old were sentenced to prison as adults. Most commonly they were charged with murder, forcible rape, armed robbery or first-degree burglary.

Supporters of the bill say it would bring the criminal justice system into closer conformity with the science of human development. The brains and personalities of 16 and 17 year olds still are developing, indicating they have a greater chance for reform, according to recent psychological studies.

The difference between juvenile and adult courts is the type of punishment. Juvenile court focuses completely on rehabilitation. Juveniles cannot be sentenced to prison.

Juveniles who are convicted are put in custody of the D.C. Department of Youth Rehabilitation Services. They can be confined but only in a juvenile detention facility. They must be released when they turn 21 years old.

A recent example is the 13-year-old and 15-year-old girls who pleaded guilty to reduced charges after being charged with the murder and armed robbery of a food delivery driver on March 23. As the man struggled with the girls to stop them from stealing his car, it went out of control, killing him when it crashed outside Nationals Stadium.

The D.C. Council is scheduled to consider and vote on the proposed legislation in the fall. Its supporters include D.C. Council member Charles Allen (D-Ward 6), chairman of the Committee on the Judiciary and Public Safety.

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