Let’s see the instant replay on that, Alex…
ONE more time?
Now, I live in Texas, a place notorious for being rather unsympathetic to lawbreakers, very much a law-and-order state.
…and you know what? THERE ARE ALTERNATIVES AVAILABLE, even in Texas. It isn’t simply a matter of the judge banging his gavel, and allovasudden, Little Johnny and Li’l Susie are on a chain gang because they got to playing doctor a little too vigorously.
THIS IS NOT HOW IT WORKS.
So how DOES it work?
When a minor breaks the law, a decision is made to try him as a minor, or as an adult. This decision is usually a pretty easy one; I’ve never heard of a minor being tried as an adult for any nonviolent crime, and hardly ever when a murder is not involved.
We may therefore presume that Johnny and Susie will be tried as children.
Any sane judge is going to take one look at them, and NOT SEND THEM TO FUCKING GODDAMN JAIL!
One more time, Alex…
Juvie jail, or otherwise.
Only a psychotic sadist judge would do that, and we have very few of those, even in Texas. And even the rabid ones wouldn’t do more on a first offense than recommend probation. More likely, the judge would scare the shit out of the children involved, and then find a way to throw the case out of court or suspend the sentence… with a stentorian rumble of “Now, I don’t ever want to see you two in my courtroom again…”
Want me to cite it? If I were legally allowed to, I could. Seen it happen a hundred times, for a dozen different crimes, ranging from sex offenses to shoplifting. It WORKS, too.
THIS is why I support the laws. Because most judges are sane human beings who won’t turbofuck the lives of two teens just because they got a little overheated on the couch in the day room. Even if their parents are shitheads who turn their asses in to the cops.
Now, if they start doing some weird-assed “Three Sexual Incidents And You’re Out,” mandatory sentencing bullshit, I might change my opinion. But they don’t.
That’s why they call them “judges.” They exercise “judgment.” They are expected to dispense “justice,” not a buncha goddamn arbitrary penalties.
Most teens who are arrested for a first offense never serve more time than they spent in the holding cell waiting for someone to come and bail them out. Jail is counterproductive for most teen offenders. The system would far rather bounce 'em back to their parents. Almost always, the system ONLY gets involved when the parents won’t or can’t handle their kids. Believe me, we have lots of better things to do than take Johnny out and string him up for wanting to get his dick wet.
So… um… precisely what teens DO go to juvie jail, then?
Well, I’ll tell you. Generally, they’re the ones who got two or three or five warnings, scored probation, and STILL DIDN’T LEARN ANYTHING, and whose parents did not or could not or would not contain them.
And goddamned if I can think of a better way to work it than that. If you are proposing that we simply let the little monsters run wild, then you are nuts. I have seen what you GET when you do, and I am here to tell you that William Goldman very much understated the point when he wrote Lord Of The Flies…
Oh, yes, one other thing. Errata made an interesting point, re: victimless crimes… the question being, “When Do We Bust 'Em?”
Well, this is a good statement. Nicely thought out. A damn good point.
…except that it does not reach its logical conclusion.
Teen sex, in and of itself, does not violate anyone’s rights, assuming it’s consensual. Its POTENTIAL CONSEQUENCES, on the other hand, DO violate someone’s rights.
The parents’.
If my kid comes home from school every day and boinks madly on the couch in the rumpus room with her boyfriend… is it really any business of mine?
NO! She’s old enough. She’s made her decision.
…all the way up until one of two things happens:
(a) pregnancy
(b) STD.
Whoopsie. Now, instead of being the parent of one child, I am the parent of one, and soon to be the grandparent of another. Now I am going to have to make a bunch of decisions. Now I have been confronted with a major situation, NOT of my making, NOT my fault, and NOT my call! MY LIFE HAS BEEN DISRUPTED!
…and that’s just the BEGINNING. My kid is in no position to have a baby. Leave school? Get a job? Pay her own bills? Hah. This will fall in MY lap, folks. We’ve been over all this before. This also sets ME up to find out who the daddy is, and sue HIS ass off… oh, wait. I can’t. He’s a minor. You can’t sue a minor. Well, fine. Some states have child support laws that INCLUDE minors, so he’ll have to start making payments as soon as he gets a job, and cover back payments, starting then. In the meantime, I’m going to sue his parents into financial oblivion for being irresponsible enough to let THEIR kid get MY kid into this…
…and now, we’re in a legal nightmare, your kid, my kid, your family, my family. So much for OUR rights.
And don’t even get me started on STDs. I’ve watched sixteen year olds die from complications from AIDS. I don’t EVEN want to get into what it does to the parents to watch that happen to their child.
…so yes, someone’s rights are potentially threatened here, I think. And that IS a matter for the law.