'Adult' trials fail teenagers

WASHINGTON -- When it comes to youth crime, North Carolina has some of the "toughest" policies in the nation. As a former prosecutor and U.S. Justice Department official, however, I've learned that it's a lot better to adopt programs that really work than to take actions that simply look tough.

In North Carolina, 16- and 17-year-olds are automatically tried as adults no matter how minor the offense. I used to believe that this was a good way to make a community safer. Young people sent to the adult criminal justice system would be so scared that they wouldn't break the law again.

It turns out, however, that the overwhelming majority of young people prosecuted in North Carolina as adults are not prosecuted for serious violent crimes. Many youths convicted do not serve time but instead serve probation, without access to the juvenile justice programs that could address the causes that led them into illegal activities.

Earlier this month the Centers for Disease Control and Prevention Task Force on Community Preventive Services released a major report that examined whether transferring youths to the adult criminal justice system really deters crime.

The basic conclusion could not be more blunt: "Transferring juveniles to the adult justice system is counterproductive as a strategy for deterring subsequent violence." In fact, teenagers transferred to the adult criminal system are about a third more likely to be re-arrested for violent or other crime than youth who stay in the juvenile court system.

Other lower-profile studies offer explanations for the CDC conclusion. Young people placed in adult facilities are at risk of assault and abuse, and are more likely to be mentored by the older, hard-core offenders with whom they come in contact -- not exactly a positive outcome. In addition, young offenders in adult facilities are cut off from the rehabilitative services and treatment that have proved effective in steering young people back on the right path.

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INSTEAD OF TREATING TEENAGERS AS ADULT CRIMINALS, we need to take a balanced approach, one that ensures greater public safety and opportunities for young people to succeed. States should remove young people from adult jails and prisons and place them in programs designed for youth. That's where they can get the therapy, counseling and training they need to stay out of trouble, break the cycle of violence and become productive citizens.

The good news is that, unlike 20 years ago, the public now realizes the need for a balanced approach. A recent poll by the National Council on Crime and Delinquency found that 91 percent of respondents believe that rehabilitative services and treatment for incarcerated youth can help prevent future crimes. More than 80 percent think that spending on rehabilitative services and treatment for youth will save tax dollars in the long run.

Legislators should listen to public opinion and learn from recent history. In Washington, D.C., the House and Senate should amend the Juvenile Justice and Delinquency Prevention Act to restrict the placement of juveniles in adult jails and prisons. In North Carolina, the legislature should start by considering House Bill 492, which calls for putting most young people under the age of 18 under the jurisdiction of the juvenile justice system.

Tough talk is great, but smart action is better.

The hype around youth crime is once again a serious problem. Let's address the real problems head on, not just by talking tough, but by being smart.

(Shay Bilchik is a professor at the Center for Juvenile Justice Reform and Systems Integration at the Georgetown Public Policy Institute of Georgetown University. He is a former head of the Child Welfare League of America.)