Now come the tragic Oxford school killings. So, juvenile law practices will stay in the spotlight of controversy. This tragedy will either help or hurt juvenile law. And Michigan is among the most draconian in the nation.
To work, justice must be quick, evidence-based, render offense-appropriate sentences, and not be unduly subjected to prejudicial factors. Michigan too-often struggles with it all; kid cases no exception.
Emotion is more of a factor when the system has to react to child cases. When lives are lost, the emotional flame can be super-hot to punish; even a child. Emotion gets too big and inappropriate. But sometimes it still gets outstripped by the influence of politics. And if that’s not enough, throw in psychologic distress on the part of all parties involved.
The troubled youngster in Oxford took lives and hurt many others. As bad as it is, he was influenced (by more than his parents). And most importantly, he is a child. But law and order is quick to say somebody has to pay; just enforce the laws and put them away. Sadly though, in Michigan, “putting them away” is often an innocuous variation on a death sentence. Even for children.
Juveniles Are Not Adults and Must Be Treated Differently
Developmentally, juveniles are not necessarily able to be responsible. However, they do bad things. Juvenile crime and punishment should be looked at in context of the well-established age-crime curve. After the teen years, the propensity to commit crime drops off dramatically. This is not to say teenagers cannot/should not be held accountable; it is to say that actions taken as a teen should not be totally defining of their entire life, or effectively end it.
It’s one thing in the Oxford school killings, where there is substantial evidence against a white boy in Michigan’s most affluent county. Hopefully, something fair and somehow “good” can come of it. But what if you weren’t white, in a notoriously segregated rural community, and the murder evidence was not at all clear or convincing. Then juvenile justice can sink into something grossly unfair and bad. This is the reality forced upon Efrén Paredes Jr.
Efrén was convicted of murder and armed robbery in 1989 as a 15-year-old. He is still in prison, a juvenile lifer without the possibility of parole. Efrén’s only for-sure crimes: not being white and maintaining his innocense. These “crimes” continue to be an egregious affront to the prosecutor.
Michigan Must Do Better On Juvenile Crime
The Supreme Court recently said that the Michigan juvenile lifers had to be given hearings and reconsidered. So, the old white prosecutor came out of retirement to personally lead the charge against Efrén. His coming-out says more about the prosecutor and the system than it does about the person under legal consideration. He came out to say Efrén is still an incorrigible; this is fantasy to anyone that gives an open look.
It’s extremely doubtful that anything anyone does as a teenager makes them an incorrigible. Efrén has consistently demonstrated himself to be a thinking caring person. Irrespective of whether or not he did the crime, he deserves a meaningful chance.
America leads the world in racist-based prison-for-profit. And Michigan leads America in system atrocities. Might Efrén’s case put Berrien County, Michigan, at the top of the world’s injustice dung heap? Let’s hope not. There is state legislative awareness and movement to stem this awful tide.
Well written, thoughtful discussion. I agree that a 15 year old child cannot be defined as incorrigible. A 15 year old is not yet done developing a relationship with society. I also agree that killing someone(s) demands accountability. Kyle, white boy in Wisconsin, was found to be justified in killing 2, wounding one. His case was politicized by the right wing. He has become a hero to some and remains a potential danger to many. He deserved justice not freedom. Justice demands accountability based on truth and an assumption that a youth can be rehabilitated if working with others (kids and adults) sharing and redefining values and citizenship. For black and brown children assumed guilty because of their color, the “rehab” must include an honest appraisal of the immorality of a system based on racism. This is the start of an important discussion we must have for Democracy to be inclusive.
Thank you, Kae, for your thoughtful comments. Racism is near the rotten core. But I am afraid that even racism flows from America’s pervasive immoral appetite for power and greed. Immorality seems the root of our failing society; and morality is not necessarily analogous to religiousness, as proven by the nationalist white Christian contribution to the country’s demise. People who support Joe Biden with no real expectation that he delivers something of substance at this dire point in history are part of the problem. He might well be remembered as the man who had the big chance and chose not to do the obvious things – he is afraid and running from it all, surrounded by establishment wanna-BE’s. Problem is, the “normal” Biden is trying to reinstate never worked. It irks me to hear him go on about possibilities and accomplishments, when it is built at the expense and on the backs of others. This feeds fear and in all regards the government is failing to protect the people, or even really acknowledge what’s happening, to the failure of democracy. Sorry to rant. I agree with you wholeheartedly. Racism is the tool that has been used to tear down the country and fighting racism can also be used to take it back, IF we get moral leadership. Lastly, I must say, that if they were protecting the people, there could be meaningful social contracts, which are needed for people of all colors, even whites like the Oxford shooter and his parents.