Criminalizing Kentucky's Youth: The Troubling Consequences of Trying Juveniles as Adults

In a controversial move, the Kentucky legislature has passed a new law that will automatically try certain juvenile offenders as adults, regardless of their individual circumstances. This decision has sparked a heated debate, with advocates warning that it will disproportionately impact Black youth and perpetuate a harmful cycle of inequity within the justice system.

Stripping Humanity from the Justice System

The new law, introduced by Senator Matthew Deneen, states that any juvenile aged 15 or older who commits a Class A, B, or C felony using a gun, whether the weapon is functional or not, will be automatically sent to adult circuit court. This means that these young offenders will face the same penalties as adult criminals, with the exception of being housed with other juveniles until their 18th birthday.

Undermining Juvenile Justice Reforms

This policy represents a significant step backward in Kentucky's efforts to reform its juvenile justice system. Just three years ago, the state had completely eliminated automatic transfers, allowing district court judges to evaluate the unique circumstances of each child's case before deciding whether to transfer them to adult court. The passage of SB 36 in 2021, sponsored by Senator Whitney Westerfield, was a crucial step in protecting juveniles from the harsh consequences of being tried as adults.

Disregarding Developmental Realities

Advocates argue that this new law fails to recognize the fundamental differences between juvenile and adult offenders. The prefrontal cortex, the part of the brain responsible for executive decision-making and understanding consequences, is not fully developed until at least 25 years of age. Trying children as adults, without considering their developmental stage, is a "stunningly callous" approach that is not supported by scientific evidence or data.

Perpetuating Racial Disparities

The data paints a troubling picture of the potential impact of this law. An analysis of Louisville Metro Police data revealed that between 2014 and 2024, three out of every four juveniles aged 15 or older who were arrested for felonies involving a gun or deadly weapon were Black. This disproportionate representation is further exacerbated by the fact that Black youth account for just 9% of Kentucky's overall youth population.

Undermining Rehabilitation and Reintegration

Research has shown that juveniles transferred to adult court are 34% more likely to commit additional felonies than their peers who remain in the juvenile justice system. These young offenders also face a slew of long-term consequences, such as difficulty finding employment, pursuing education, and achieving economic stability. Experts argue that this approach does not prioritize rehabilitation or reintegration, but rather perpetuates a harmful cycle of recidivism and disadvantage.

Exposing Vulnerable Youth to Harm

As the state prepares to send more juveniles to adult court, concerns have been raised about the ability of Kentucky's juvenile detention facilities to adequately care for and protect these young offenders. The facilities are currently under federal investigation for excessive use of force, prolonged isolation, and a lack of mental health and educational resources. Advocates fear that an influx of juveniles will only exacerbate these issues, further jeopardizing the well-being of vulnerable youth.

Misguided Attempts at Deterrence

The legislators who championed this law, Senators Deneen and Greg Elkins, have argued that harsher punishments will deter youth crime. However, experts and advocates counter that this simplistic approach fails to address the root causes of juvenile offending, such as lack of access to resources, community support, and feelings of safety and belonging.

Undermining Progress and Eroding Trust

Senator Westerfield, one of the few Republicans who voted against the bill, has described it as a "shameful attempt" at reversing the progress made in Kentucky's juvenile justice system. He argues that the law will only serve to "make them worse" by removing young offenders from positive influences and exposing them to the "worst influences we could possibly give them."Moreover, the lack of trust in law enforcement, particularly among Black youth, is a significant factor contributing to the rise in juvenile gun violence. Many young people feel the need to take their protection into their own hands, a reality that cannot be solved through punishment alone.

Prioritizing Community-Based Solutions

Experts and advocates argue that the solution lies in addressing the underlying issues that drive youth crime, such as lack of access to resources, mental health support, and community-based programs. Initiatives that focus on intervention, outreach, and investment in community infrastructure have the potential to make a meaningful impact, rather than resorting to harsh, punitive measures that have been shown to be ineffective.As the state of Kentucky grapples with the complex challenge of youth violence, it is crucial that policymakers and community leaders prioritize evidence-based, holistic approaches that recognize the unique needs and circumstances of juvenile offenders. By doing so, they can work towards a more equitable and effective justice system that truly serves the best interests of Kentucky's youth.