Constitutional amendment could make it easier to try juveniles as adults

(The Center Square) — An amendment on the March ballot aims to make it easier to try juveniles as adults.The state constitution already outlines severe crimes for which prosecutors can try juveniles as adults. That list currently includes 16 felony crimes, most of which are violent crimes like murder or rape.Currently, 15- and 16-year-olds accused of first-degree murder, second-degree murder, aggravated rape or aggravated kidnapping are automatically prosecuted as adults, according to Melinda Deslatte, research director for the Public Affairs Research Council of Louisiana.For other serious crimes listed in the constitution, district attorneys decide on a case-by-case basis whether to charge 15- and 16-year-olds as adults. If the accused is 14, a judge must determine whether to transfer the case to the adult system.When Sen. Heather Cloud, R-Allen, introduced her bill before the Senate Judiciary Committee in November, she mentioned adding the crimes of carjacking, sex trafficking and drive-by shooting.Currently, if the Legislature wishes to add crimes to that list, a vote is required in the form of a constitutional amendment. If Amendment 2 passes, the Legislature will be able to decide.In New Orleans, data from the New Orleans Police Department indicate there were 271 reported incidents of carjacking, though it is not clear how many were committed by juveniles. In Baton Rouge, there were 154 incidences, according to federal databases.For drive-by shootings, there were 191 incidents of drive-by shootings in Baton Rouge, and 54 in New Orleans.Reported sex trafficking incidents totaled 24 in Baton Rouge.Sen. Katrina Jackson-Andrews, D-Monroe, attempted similar legislation last year, but “couldn’t address it statutorily because it required a constitutional amendment,” Cloud noted, emphasizing that the current proposal mirrors the intent of Jackson-Andrews’ bill — to provide flexibility.Were the amendment to pass, it would disproportionately target African American youth, who, as of 2022, composed 62% of youth housed in juvenile facilities, according to data from the Annie E. Casey Foundation.Kristen Rome, the executive director of the Louisiana Center for Children’s Rights, clarified several points during her testimony. She emphasized that carjacking, drive-by shootings, and sex trafficking are already covered under existing laws.”Many of these crimes that were brought up — drive-by shootings, carjacking — are all covered by the enumerated crimes currently listed and can be transferred,” Rome said.Regarding carjacking, Rome pointed out that when it involves a gun or harm to a person, “it is an armed robbery, so a young person can be transferred to adult court for an armed robbery when there’s a carjacking.”On the topic of sex trafficking, she explained that the crimes related to kidnapping and rape are already included, addressing concerns about missing coverage.Finally, she mentioned that drive-by shootings can be charged as “attempted first or attempted second-degree murder.” Rome also questioned the absence of data on how often these crimes occur and the limitations of existing laws, adding that such crimes can already lead to a transfer to adult court.Reverend Alexis Anderson, speaking on behalf of the East Baton Rouge Parish Prison Reform Coalition at the 19th JDC, expressed deep concerns over this shift.”We have already seen the impact of the reversal of Raise the Age,” Anderson said. Louisiana stands alone as the only state that has both enacted and then entirely reversed its “Raise the Age” law. Along with Georgia, Texas, and Wisconsin, it remains one of just four states that automatically treats all 17-year-olds as adults in the criminal justice system. “I worry that our Legislature is reacting out of fear rather than a commitment to accurate, thoughtful justice. As a citizen concerned with our state’s budget and ongoing conflicts with federal law, I question where we will find the funds to keep incarcerating these young people, especially when we already have the means to transfer them with minimal restrictions,” Anderson continued.