Adolescents can be foolish. Should they go to jail for it?

According to a story in the AJC, two middle schools students in Houston County allegedly engaged in oral sex in a classroom while a substitute teacher and other students were present.

Initially, they were being charged with sodomy and disruption of a public school and being held at the Crisp Youth Detention Center. But cooler minds prevailed and we are now reporting that the sodomy charges have been dropped and one of the pair has been released.

According to the latest AJC story:

Houston County Sheriff’s Lt. Randall Banks said the eighth-grade students admitted during a Houston County Juvenile Court hearing Monday to public indecency and disruption of public school.

Banks said all other charges, including sodomy and violation of probation against the male, were dismissed as part of an agreement reached between the district attorney’s office and lawyers representing the students.

I think these kids are stupid. I think they are immature. I think they are terrible examples.

I just don’t think they are serious criminals.

I fell into a long conversation Saturday with a group of parents about how bad behaviors that once earned kids lectures, rebukes and groundings are now police matters. Several had had their teenage boys in court over minor issues that would not have escalated to a criminal level a generation ago. But zero tolerance is now in full bloom.

I think that criminalizing adolescent stupidity is going to fill jails and courtrooms with unnecessary cases.

I have straight-arrow brothers, but a couple had a childhood/teenage experiences that today would have landed them in the clinker. Instead, the police brought them home and told my parents who handled the punishment and set my brothers back on the right track. My brothers went on to become highly productive and law-abiding citizens who win Yard of the Month, coach soccer and clean up after their pets.

(I was never brought home by the police, although I did have a nutty neighbor push me down and take my book bag, which I had put on the public sidewalk in front of her house while I tied my shoe. I was about 11. She maintained that part of the bag was on her lawn. The police returned my book bag to me, told me that the lady was crazy and suggested I walk to school on the other side of the street. I did.)

As we learn more about the teenage brain, we are discovering that teens are wired to make impulsive and bad decisions.Their brains don’t fully develop until their early 20s, which explains a lot about the crazy stuff that teens do.

The oversexed middle schoolers trying on adult behaviors in public setting deserve punishment. Suspend them. Transfer them to other classes or an alternative program. Get them counseling about appropriate behaviors and common decency.

But criminal charges seem extreme.

What do you think? I would ask that we not focus on the sex part of this. My issue is that kids make bad decisions based on a flawed thought process that they will outgrow, if we let them and don’t resort to locking them up for these errors of judgment.

(Also, I am not talking about 15-year-olds who commit armed robbery. Their thinking is clearly flawed, but it’s also potentially deadly and demands strong responses.)

52 comments Add your comment

James

December 16th, 2009
5:39 pm

I’m no friend of the current implementation of the sex offender registry nor our current “guilty until proven innocent” rape / sexual abuse laws. They seem draconian.

I’d definitly like to see our current “age of consent” moved to a sliding scale as I described and see some reform to the sex offender registry.

common sense

December 17th, 2009
9:31 am

Well said, James. There is a growing consensus among academic researchers and legal scholars that the laws and the panic behind sex offender laws bear no relationship to the science about sex offenders, but the research is little visited by the average citizen or lawmaker. The biggest problem is that all sex offenders are lumped together and offered no chance to ever “serve their time,” because the severly restrictive and public registry is forever. In the case of a rapist or child molester, restrictions and with intense monitoring are probably the right thing to do, but in the case of a 21-year-old who speaks about consensual sex with a detective ambiguous about her age, it amounts to cruel and unusual punishment, and it protects no one. I have worked in the University System of Georgia for over 10 years, and I have served on university judicial committees, and, however unseemly they are, young men in college make these types of egregious mistakes, and the vast majority have never done anything illegal before. Believe it or not, 15-year-old girls are all over the place — in bars, etc. — close to college campuses. There has got to be a better way to deal with this problem other than punishing a young man for the rest of his life. There should be a way for low-risk offenders to petition for removal from the registry. That would serve two puposes: those who have paid for their crimes could successfully reintegrate back into society, and law enforcement could concentrate their limited resources on those who pose a significant threat to society. If a young man doesn’t have hope, what does he have?