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Washington Examiner
Restoring America
15 Jun 2023


NextImg:Maryland's broken juvenile justice system abets crime

When three young teenagers boarded a school bus in Prince George’s County, Maryland , on May 1, they approached a 14-year-old, and one assailant put a gun to the victim’s head and pulled the trigger — three times. It failed to fire, and the perpetrators fled.

The boy survived, but two days later, his adult sister didn’t , and now, the boy’s alleged 15-year-old attacker, “Baby K,” is charged with her murder.

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While the accusations are shocking, such youth-driven crime and violence are becoming more and more commonplace. This year, juveniles comprise more than 60% of all carjacking arrests in Prince George’s County, while in Baltimore City , youth homicides have risen 67% in the first four months of 2023, and shootings have jumped 55%.

Yet under recently adopted laws in Maryland, few juvenile offenders will be held accountable, leaving our communities less safe.

One such law that is impeding justice in Baby K’s case requires a juvenile offender to consult a lawyer before the police can interview an under-age subject, even if the parent or guardian waives the right to an attorney. That goes far beyond what adults are afforded, compelling juvenile defendants accused of heinous acts to “lawyer up” before police even get a statement from them regardless of its admissibility.

Baby K hasn’t been questioned precisely because of this new law, according to officials . Prince George’s County Police Chief Malik Aziz, County Executive Angela Alsobrooks , and State’s Attorney Aisha Braveboy all blamed the new law for stalling the investigation.

Another law worsening the juvenile crisis was introduced by state Sen. Jill Carter last year. The bill, which took effect last July, significantly changed juvenile criminal law by exempting offenders under 13 from being charged with a crime altogether. And for older juvenile offenders (under the age of 18), most cannot have their cases transferred to adult court, even if they were 17 years and 364 days old.

Other new rules also allow unelected officials at the Department of Juvenile Services, not judges, prosecutors, or police, to drop all charges before perpetrators get to any court arbitrarily. That matters because Maryland’s new Democratic governor, Wes Moore, appointed a man to lead that department who thinks most youth correctional facilities should be shut down altogether.

To his credit, in the wake of the Baby K case, Moore echoed the need for consequences for youth offenders, saying, “We need to have greater measurements of accountability,” especially for violent and repeat offenders. However, Moore offered no specifics or support for rolling back the recently enacted leniency regime.

A loophole in juvenile criminal law extends further leniency for “misdemeanor” offenses under statute, which are, in fact, serious crimes, often carrying sentences of years and sometimes decades in prison and being classified as felonies in most states. For example, a juvenile perpetrator of a second-degree assault (i.e., beating a person without intent to kill or cause severe injury) would not be eligible for adult court and its consequences, and authorities would not be able to detain them in most circumstances thanks to this loophole.

Other recent changes include eliminating mandatory minimum sentences for 16- and 17-year-olds convicted of the most egregious crimes, including first-degree rape, murder, and numerous gun crimes, and compelling a court to consider these offenders for later sentencing reductions.

At the same time, the criminal records of juveniles, including those convicted as adults of serious crimes, were sealed from public view, preventing both the media and the public from knowing adult offenders’ past criminal histories. If the public and policymakers cannot even see what’s broken with the juvenile justice system, they cannot take action to fix it.

One of those offenders was a 12-year-old who, with a 15-year-old accomplice, was accused of stabbing a gas station clerk last August and was released to his parents. Two months later, he was accused of attacking another student at his school.

Juveniles are taking advantage of Maryland’s leniency. Organized groups of juveniles have committed dozens of carjackings in Baltimore , Montgomery , Prince George’s counties, and Baltimore city . One of those incidents ended in murder, with a 17-year-old apprehended on Jan 12 and accused of the December slaying of a man at a gas station in Prince George’s County.

And according to police, most of these juvenile offenders have prior records and likely received leniency before . Prince George’s County’s top police officer aptly summarized this approach as “ catch and release .”

These changes to the juvenile justice system have eroded any meaningful legal consequences for young offenders, even violent and dangerous ones, offering instead impunity or undue leniency for their crimes.

While the aim of the juvenile justice system should be to rehabilitate, not simply incarcerate, offenders under the age of 18, there must still be accountability to ensure both justice and safety.

In the name of justice, public safety, and victims’ rights, the Maryland legislature immediately should roll back these “reforms” or risk worsening the juvenile crime epidemic sweeping the state.

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Jason Johnson is the president of the Law Enforcement Legal Defense Fund and former deputy commissioner of the Baltimore Police Department (2016-2018).