A Louisiana Law Meant to Fight Teen Violence Is Sweeping 17-Year-Olds Arrested for Lesser Crimes Into Adult Court

Richard A. Webster, Verite News, ProPublica •

Louisiana’s criminal justice system now treats all 17-year-olds as adults. Lawmakers said they were fighting an epidemic of teen violence, but nearly 70% of 17-year-olds arrested in the state’s three largest parishes aren’t accused of violent crimes. 

In February, a prosecutor from a rural area outside Baton Rouge asked members of Louisiana’s Senate judiciary committee to imagine a frightening scene: You are home with your wife at 4 a.m. when suddenly a 17-year-old with a gun appears. The teenager won’t hesitate, District Attorney Tony Clayton said. “He will kill you and your wife.”

According to Clayton, teenagers were terrorizing the state without fear of consequences. The only way to stop them was to prosecute all 17-year-olds in adult court, regardless of the offense, and lock them up in prison. Law enforcement officials from around the state made similar arguments. Legislators quickly passed a bill that lowered the age at which the justice system must treat defendants as adults from 18 to 17.

But according to a review of arrests in the five months since the law took effect, most of the 17-year-olds booked in three of the state’s largest parishes have not been accused of violent crimes. Verite News and ProPublica identified 203 17-year-olds who were arrested in Orleans, Jefferson and East Baton Rouge parishes between April and September. A total of 141, or 69%, were arrested for offenses that are not listed as violent crimes in Louisiana law, according to our analysis of jail rosters, court records and district attorney data.

Just 13% of the defendants — a little over two dozen — have been accused of the sort of violent crimes that lawmakers cited when arguing for the legislation, such as rape, armed robbery and murder. Prosecutors were able to move such cases to adult court even before the law was changed.

READ THE FULL STORY

About the Expert

Marsha Levick co-founded Juvenile Law Center in 1975. Throughout her legal career, Levick has been an advocate for children’s and women's rights and is a nationally recognized expert in juvenile law.