Keep Improving the Juvenile "Justice" System

Here's an example of why I have problems with a separate juvenile "justice" system:

A 13-year-old girl who stabbed another girl to death earlier this year was committed to the custody of the Tennessee Department of Children's Services until she turns 19.

The sentence handed down Wednesday by Juvenile Court Referee Herb Lane was the maximum Terrica Yarber could receive since her case was retained in Juvenile Court.

Now, I know Herb Lane, I've practiced before him, and he's a fine Referee. The problem in this particular case seems to be that transfer to Criminal Court to be tried as an adult was possible but not mandatory, under Tennessee Code Annotated 37-1-134.

Our current Juvenile Court Judge, Curtis Person, was the legislator most responsible for increasing the possibility of transfer of minor defendants committing serious crimes; but it is time for our current crop of legislators to continue his efforts in that direction, because of the career criminal conduct begun at an earlier age, sometimes as part of a gang-related effort to let juveniles take the risks because of the lower possibility and far less severity of punishment, and because of the deadlier behavior now displayed by ill-socialized minors in our community.

As starting suggestions, consider making transfer mandatory for "first degree murder, second degree murder, rape, aggravated rape, rape of a child, aggravated robbery, especially aggravated robbery, kidnapping, aggravated kidnapping or especially aggravated kidnapping or an attempt to commit any such offenses" as now allowed for minors under the age of sixteen, or simply bypassing the Juvenile Court in these instances. I'd also like to see the list of offenses enabling or mandating transfer as an adult expanded to include at least second offense car theft, burglary, and other crimes. As a defense attorney, I am privileged to see my clients' juvenile records; and many of these kids have juvenile records longer than your arm for these serious and damaging crimes. They're basically confirmed in a life of crime before they reach 16 or 18; and they return to the gang life to pick up even more serious cases as adults.

Changes in Tennessee law in this regard are sorely needed and long overdue. Contact your state legislators and tell them so.