Pubdate: Mon, 29 Mar 2010 Source: Post-Crescent, The (Appleton, WI) Copyright: 2010 The Post-Crescent Contact: http://drugsense.org/url/yqP960uk Website: http://www.postcrescent.com Details: http://www.mapinc.org/media/1443 Author: Andy Thompson SUPPORT GROWS FOR WISCONSIN LEGISLATION TO RAISE AGE FOR CRIMINAL PROSECUTION AS AN ADULT In the mid-1990s, as part of an effort to crack down on juvenile offenders in Wisconsin, lawmakers decided that 17-year-olds would be treated as adults in the criminal justice system. Now, there is a growing sentiment that the Legislature went too far in dropping the age of majority from 18 to 17. Critics say it has been unduly harsh to teenagers, branding many as criminals for committing youthful misdeeds. Legislation was introduced in February to return 17-year-olds to juvenile jurisdiction. While there is some skepticism and criticism of the bill, it has drawn the support of a number of local justice officials, including Outagamie County Judge John Des Jardins. "Most of them are high school kids who do foolish juvenile things and are not operating as adults yet," Des Jardins said. "I think the whole system would be better if (17-year-olds) just remained in the juvenile system." Those who support the change say 17-year-olds who commit serious crimes would not get a free pass. They could be waived into adult court and subjected to adult penalties =AD just as they were before the law went into effect in 1996. In late January, state Rep. Fred Kessler, D-Milwaukee, introduced legislation that would raise the age at which people could be treated as adults for criminal prosecution from 17 to 18. "It's long overdue," said Neenah attorney Jeff Oswald, who has represented a number of 17-year-olds over the years. "In retrospect, it was a huge mistake, and I think everybody realizes that." Oswald said the present system allows 17-year-olds to be charged with sexual assault for having consensual relations with a girlfriend or boyfriend. He added that many of the cases against the teens involve offenses like possession of marijuana, theft, simple battery and criminal damage to property. "The kids and parents are shocked (that the offenses land 17-year-olds in adult court)," he said. "They're not capable of making the same type of decisions as adults." Oswald said handling 17-year-olds as juveniles is preferable to treating them as adults. "The juvenile system is a lot different," he said. "There's more of a focus on rehabilitation. The adult system is based on punishment." While Kessler's bill has drawn support from defense attorneys, the State Bar of Wisconsin and the Wisconsin Council on Children and Families, it is not a shoo-in for passage in the Legislature. State Rep. Dean Kaufert, R-Neenah, said the bill will likely not begin to advance through the legislative process until January. Kaufert didn't express an opinion about raising the age of majority back to 18, but said the issue deserves to be aired. "I'm open to revisiting this issue," he said. "There are some situations where you have to question if it was right decision to put (17-year-olds) into adult court. On the other hand, some deserve to be there." Bill Cosh, communications officer for the state Department of Justice, said Atty. Gen. J.B. Van Hollen hasn't commented on Kessler's bill because it has yet to receive a legislative hearing. But Cosh said Van Hollen isn't convinced of the need for reforming the law. Van Hollen believes local prosecutors are best suited to determine when criminal charges should be filed against 17-year-olds and when less formal measures are needed, Cosh said. "In this system, 17-year-olds are presumptively in criminal court but may be sent to juvenile court in appropriate cases, as determined by those local officials in the best position to evaluate the appropriate disposition of a given case and an application of well-developed legal standards," Cosh said. John Kuech, supervisor of the Oshkosh office of the State Public Defender, said 17-year-olds generally lack the maturity to be prosecuted as adults. While judges sometimes expunge, or erase, the convictions of 17-year-olds who commit relatively minor offenses, getting an adult conviction can have long-lasting consequences for the teens, Kuech said. "I think the whole system would be better off if they just remained in the juvenile system," he said. "We're giving 17-year-old kids who aren't even out of high school criminal records. That's not a good way to start their adult lives." - --- MAP posted-by: Keith Brilhart