A new Minnesota proposal would raise the age of what could be considered a juvenile crime from 18 to 21.
Proponents say the proposal is rooted in the science that suggests a person’s brain is not done developing into well into their twenties.
“We’re trying to line up what the science tells us and what the data tells us with how our systems actually work – how our criminal justice system works and how we’re dealing with our young people,” said Rep. Cedrick Frazier (DFL-New Hope), who is a co-author on the bill.
Many Oppose The Change
Not surprisingly, many folks in law enforcement are against allowing 18, 19 and 20 year olds to being charged as a juvenile.
“Science would have to explain to me again why you are OK if you make a great decision, let’s say to join one of our armed forces at age 18 – then that’s a great decision. But you go out and murder somebody, well, hey your brain’s not quite developed,” Hennepin County Sheriff Dawanna Witt told FOX 9. “Somebody needs to teach me – show me why it’s different when it’s a bad decision versus a good decision.”
Bloomington Police Chief Booker Hodges says the science-based reasoning tends to overlook the victims in these situations.
“A lot of the arguments that they make for a lot of these typically are racial disparity-based arguments, right? The issue is they never talk about the disparity in the victims. We’re always talking about the people who commit these crimes,” Hodges told FOX 9.
The bill has been referred to the House Judiciary Finance and Civil Law Committee for review, but it seems somewhat unlikely that the bill will make it all the way to the governor’s desk.
“To think of a 20-year-old as a child, I think that’s a tough hurdle for most of us to get over,” added Hodges.
Proponents of the bill argue that the change would not make every crime committed by someone under the age of 21 a juvenile offense. The bill would allow the court to certify a juvenile as an adult for certain crimes, including first degree murder.
“This bill is the beginning of a conversation and will require significant conversation and input,” said Rep. Sandra Feist (DFL-New Brighton), the bill’s lead author.
We don’t always see eye to eye with law enforcement, but they do have a rather strong argument when you consider what type of choices you are allowed to make once you turn 18. You can enlist in the armed forces, you can vote in elections and you can gamble at the casino in Minnesota at 18. These are all considered adult choices, so to say that committing a crime months or even years after you are allowed to do all these activities but still be viewed as a juvenile in the eyes of the court may be a stretch for some lawmakers to accept.
We agree that decisions should always be made on a case by case basis and age should play a role in how sentencing is handled, but it seems unlikely that the majority of lawmakers will get behind a proposal to move the age of eligibility for juvenile crimes from 18 to 21 in Minnesota. We’ll keep tabs on the bill as it attempts to earn passage into law. In the meantime, if you need help overcoming a juvenile or adult criminal charge, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
