Pubdate: Thu, 28 Oct 2004
Source: Sun Herald (MS)
Copyright: 2004, The Sun Herald
Contact:  http://www.sunherald.com
Details: http://www.mapinc.org/media/432
Author: Tracy Dash
Series: Other articles in this series may be found
at  http://www.mapinc.org/source/Sun+Herald

TEEN CRIME AND PUNISHMENT

Some South Mississippi police officers say they are frustrated with
the justice system, believing teens busted for drugs, alcohol and
tobacco know how to manipulate the justice and municipal court systems
to get the least severe punishment.

For some, it works. Teens often get community service or pay minimal
fines for committing misdemeanor crimes such as possession of beer.

Officers have heard teens talking about how to "get around the system"
by picking court dates based on which judge is on the bench. Officers
also say juveniles required to pay fines pass around a hat so their
friends can chip in.

"When you have kids that actually know the system and how to get
around it, and are vocal about it, there's a serious problem," said
Jackson County sheriff's Lt. Ken Broadus.

Are judges more lenient when a teenager appears before them with drug,
alcohol or tobacco charges?

Absolutely not, said officials with Harrison County Youth Court, which
handles all drug and hard liquor cases involving children age 10 to 17
and tobacco offenses for youths age 13 and older.

"There's no way they would know which judge is (on the bench)," said
Harrison County Youth Court Judge Michael Ward, who handles about 25
percent of the county's delinquent cases.

Youth court counselors Jackie Dedeaux and Judy Sanders said youth
court judges aren't lenient with teens, but the court system's primary
function is to rehabilitate them.

"Our goal is to keep them out of (adult) prison and keep them alive,"
Sanders said.

Juveniles in youth court often spend time in detention, are sentenced
to house arrest or attend military programs including Youth Challenge
at Camp Shelby.

Jackson County Justice Court Judge Jason Thornton, however, said teens
figure out how the system works. He, too, has heard about children
passing the hat to raise funds for court fees.

Thornton said fines may not be the best deterrent. He believes teens
suffer more when they are sentenced to community service. He sends
juveniles who appear before him to help local churches do yard work,
and volunteer their time at soup kitchens.

State law says minors guilty of possessing alcohol can be fined
between $200 and $500 and can serve up to 30 days of community
service. Selling alcohol to a minor is punishable with fines ranging
from $500 to $1,000 for the first offense.

"If they're sorry and remorseful, I'm more apt to allow community
service," Thornton said. "If they have a bad attitude, I fine them."

Ocean Springs Municipal Court Judge Matthew Mestayer wasn't going to
allow teens to keep their parents from knowing about their legal
problems and turn to friends for help paying fines. He imposed a
structured program two years ago for teens charged with alcohol-or
tobacco-related violations when he heard about them passing the hat.

Mestayer wants to stop juveniles abusing alcohol from progressing to
more serious drugs. He said he recently has seen fewer repeat
offenders charged with alcohol possession.

One factor that may have contributed to the decrease is the program
that requires defendants to bring their parents to court, monitor the
Ocean Springs Municipal Court for four weeks, write appropriate papers
and sometimes perform community service.

"I want to help them," said Mestayer, a father of three. "Some need a
little guidance; some need punishment."

Mestayer considers alcohol and tobacco gateway drugs and believes
other violations such as domestic violence begin with alcohol abuse.

Harrison County Justice Court Judge Bruce Strong said he doesn't
believe children who appear in his court manipulate the system.

Strong, who has served on the bench for 11 years, said he usually
imposes the minimum fine for first-time offenders and always gives
juveniles a lecture about the dangers of alcohol abuse.

"If I see them again, we go to the maximum," Strong said, adding that
he has few repeat offenders of possession of alcohol. He said the
number of those cases often increases during Mardi Gras and following
events at the Mississippi Coast Coliseum.

"They'd probably rather pay the fine than hear my lecture," Strong
said.

From the bench

Although the law provides minimum and maximum penalties for drug,
alcohol and tobacco offenses, each judge deals out the punishment he
believes is the most effective for each defendant. The following are
examples of how Coast judges handles cases.

Hancock County Justice Court Judge Ricky Adam

Adam believes community service can be the best punishment for some
youths, but is not allowed to order it because he said the Harrison
County Board of Supervisors won't allow it.

"Time is valuable to them," Adam said.

In Hancock County, youths under 21 charged with simple possession of
marijuana, a misdemeanor, are prosecuted in the justice court system.
He said he has few alcohol possession cases.

First-time offenders are given 30 days to get clean. About 95 percent
report back to court with a negative test and usually are rewarded
with some of their fines suspended, Adam said. Those who test positive
often must pay the maximum fine.

Jackson County Justice Court Judge David McVeay

In contrast to how Adam handles youths charged with drug, alcohol and
tobacco violations, McVeay can order community service and does so on
many of his cases. Like Adam, he believes it is the most appropriate
punishment for some cases.

"My theory on fines with these kids with possession (of drugs and
alcohol) is that he's not going to pay the fines. It punishes the
parents because they usually pay them."

Instead, McVeay, who some say is lenient with his punishment, orders
youth to write papers or give back to their community by serving food
at a soup kitchen. He said taking away their free time is harsh
punishment to some youth.
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MAP posted-by: Larry Seguin