James Alan Fox and Jack Levin
August 25, 2015
Court is not the only arena where it's criminal to be treated as an adult.
Last Friday, a Wisconsin judge entered not guilty pleas on behalf of two 13-year-old girls accused of repeatedly stabbing a classmate just to please the fictional horror character Slender Man. Rejecting defense counsel's arguments for transferring jurisdiction to juvenile court, Judge Michael Bohren insisted that the girls be tried in criminal court. The apparent motive for the attack is absolutely absurd, but then so is the notion that 13-year-olds have the same level of maturity and reasoning ability as adults.
In Wisconsin and many other
states, kids age 13, and even younger, are considered old enough to face a
jury "of their peers" in adult court, but not old enough to serve on a jury
that would decide their fate. They are presumed to have the same ability as
adults to discern right and wrong, but not guilt and innocence.
Criminal court is not the
only arena with ironies involving age limits:
.
A sixth-grader in some states can have an abortion without parental
approval, but an eighth-grader can be suspended for bringing Midol to school
to relieve menstrual pain.
. If a
19-year-old boy takes a picture of his naked 17-year-old girlfriend, it may
be regarded as child porn. But if he gets her pregnant, the government will
pay forprenatal care.
. Teenagers must
pay adult prices at the theater, but they cannot be admitted to view an
adult film.
. Supporters of the drinking
age increase from 18 to 21 expressed concern about immature decision-making,
yet the voting age was lowered from 21 to 18.
.
Under federal law, the minimum age for owning a handgun is 18,
yet an 8-year-old can legally possess a long gun, even though that child
might not be able to shoulder the weapon or the responsibility.
. A 16-year-old can take a full-time job,
but in almost half the states he or she cannot voluntarily leave school
before age 18.
. A majority of
states set the minimum age of consent for sex at 16 or higher. However,
sexualized garments (e.g., skimpy bikinis, skinny jeans and booty shorts)
are marketed to preteens.
These inconsistencies have
not always existed. In ancient Jewish law, for example, a 13-year-old boy's
Bar Mitzvah unequivocally marked the transition from childhood to adulthood
with all associated rights and responsibilities. With his prideful
pronouncement, "Today I am a man!," he could be called to read from the
Torah, join in daily prayer with his elders, enter into binding contracts
and even get married, but he also was obligated to follow God's
commandments.
In today's secular society,
the line of demarcation between juvenile and adult has been profoundly
blurred, causing chaos and contradiction in our public policies, laws and
parental prohibitions. Youngsters are at the mercy of government and
corporations that seem to classify "tweens" as either adults or juveniles
based on the convenience of adults rather than anything more concrete. There
is no science or rationale behind their determinations and no agreement as
to when a young person should be considered a grown-up.
The blurring of boundaries
hardly began with the millennial generation. A broadening of acceptable
behavior by age came with the social revolution of the 1960s, a period when
youthful Baby Boomers were dominant in numbers as well as cultural
influence.
During this era, many of
society's rules became increasingly relaxed and informal, releasing
individuals from an entire range of institutional constraints and creating
the conditions for enhanced personal freedom. What had long been regarded as
firm and clear-cut timetables for separating young people from their
parents' generationdissolved into ambiguous guidelines - a situation
sociologists associate with "anomie," in which figuring out how you fit into
society is perplexing because the rules have been thrown out the window.
Inconsistencies in age-based
norms have helped to create generations of young people who see policies and
laws as hypocritical, at best. For a generation, teens have complained about
the ability to fight and die for our country at the age of 18, but not the
right to have a drunken send-off party. Now you have the right to consent to
an abortion caused by the sex you are not allowed to have. You can do adult
time for crimes while schools say you can't make adult decisions about a
headache.
If we want youngsters to
respect the prescriptions and proscriptions of conventional society, then
we, just like the ancient Jews, should provide them with a coherent set of
limits and sanctions that make sense.
James
Alan Fox is the Lipman Professor of Criminology, Law
and Public Policy at Northeastern University and a member of the USA TODAY
Board of Contributors.