Going Soft on Juvenile Crime: How the MacArthur and Casey foundations distort youth offender policies
Going Soft on Juvenile Crime: How the MacArthur and Casey foundations distort youth offender policies
By Fred Lucas (Organization Trends, May 2013) (PDF here)
Summary: Although the young still commit outrageous crimes, two multi-billion-dollar foundations have spent years working to make the juvenile justice system more lenient. Now the Obama Justice Department has also joined in the effort.
The family of Antonio Torres didn’t feel better after the January 24 sentencing of James Lee Allen, now 18. In 2011 Torres was murdered at the age of 42 by a group of four teenagers in Oakland, California. Prosecutors said the armed teens were “hunting” for someone to rob. They stole a gold chain and an iPod from Torres before fatally shooting him in the back as he tried to run away. Allen didn’t shoot the gun that killed Torres, but he was charged as an adult with murder and robbery for participating in the crime, the Oakland Tribune reported.
Allen ultimately pleaded guilty to a lesser charge of involuntary manslaughter and was sentenced to 12 years, too short for the Torres family. “My concern is that he is going to come out [of prison] and hurt another family,” said Maria Torres. “They not only took my brother’s life away, they took a part of each of us.”
Some advocates would oppose ever trying these four offenders as adults, despite their horrific crime. Forget the question of whether 12 years is too light a sentence. These advocates do not want any incarceration for crimes committed by offenders under the age of 18, and their thinking has begun to influence our legal system.
Over the last eight years, the courts have made juvenile justice, even for the worst offenders, more and more lenient. This gradual evolution follows what Supreme Court Justice Anthony Kennedy has called, “the evolving standards of decency that mark the progress of a maturing society.”
Those evolving standards have largely been driven by two left-wing philanthropies, the Annie E. Casey Foundation and the John D. and Catherine T. MacArthur Foundation. These two funders have battled the get-tough-on-crime approach of the 1990s and pushed for alternatives to incarceration for youth offenders. They have also opposed trying minors as adults. These organizations and their allies have had their way in abolishing the death penalty for juveniles (thanks to Justice Kennedy), and eliminating—in most cases—life sentences for youth murderers. They have also forged a tight-knit relationship with the Obama Justice Department and swayed the thinking of a majority of states across the country (red and blue) on the issue of crime and punishment for minors.