Editorial: 21 is old enough to vote, enlist and go to jail
They’re old enough to drive a car, vote, enlist in the military, and run for a seat in the state Legislature, but according to a pair of Massachusetts Congressmen, if a criminal is between 18 and 21, they are a “juvenile offender.”
State Reps. James J. O’Day (D-West Boylston) and Manny Cruz (D-Salem) introduced a bill (H. 1923) to raise the age of Juvenile Court jurisdiction from 18 to 21 years old.
Massachusetts is a soft-on-crime sanctuary in which some criminals aren’t prosecuted while others, though sentenced for egregious crimes, are out long before their time is up, thanks to a lenient parole board.
This latest move is par for the course.
“The brain doesn’t fully develop until around the age of 24 or 25. So, we have young people, and I sort of look at my own behavioral interactions when I was a younger person. You know, it was easier to make a snap, quick decision without thinking much about it,” Rep. O’Day told the Herald. “This bill is hopefully going to be able to break the cycle of juvenile behavior and delinquent behavior. Yes, you’re taken off the street, but you won’t just be put into a cell and forgotten about. You’re put into an environment where you’re going to be educated and rehabilitated.”
It’s the prefrontal cortex (the area of the brain associated with impulse control) that’s doing the slow walk to full development, but immaturity is not criminality.
The authors of “Biological Explanations of Criminal Behavior” published in the academic journal Psychology, Crime & Law and the National Library of Medicine write that “Conventional criminal behavior has typically been associated with prefrontal cortex (PFC) structural aberrations and functional impairment. The PFC is considered the seat of higher-level cognitive processes such as decision-making, attention, emotion regulation, impulse control, and moral reasoning. In healthy adults, larger prefrontal structures have been associated with better executive functioning. However, structural deficits and functional impairments of the PFC have been observed in antisocial and criminal individuals, suggesting that PFC aberrations may underlie some of the observed behaviors.”
Aberrations, impairments, structural deficits; in other words, abnormalities separate from simple developmental growth.
The not-fully-developed brain does explain youthful antics such as sledding down dormitory stairs on a mattress, but it’s more than a stretch to associate it with criminal activity.
Should first-time, non-violent offenders have access to rehabilitative services and education to prevent recidivism? Absolutely. But that shouldn’t be age-dependent.
Opponents of the bill argue it could potentially lead to an increase in crime statewide, citing lighter consequences as a potential motivator for reoffenders.
The Massachusetts Chiefs of Police Association submitted written opposition to the bill.
“At 18, individuals can vote, serve in the military, sign contracts, and even sit on a jury to determine someone else’s guilt, yet under this proposal, they would not be fully responsible for their own criminal actions.”
Taking responsibility for one’s actions and facing consequences are a good fit at any age.
Editorial cartoon by Gary Varvel (Creators Syndicate)
