SALISBURY, Md. – A proposal in Annapolis could reshape how Maryland handles serious crimes involving children.
The legislation, known as the Youth Charging Reform Act, would require that certain cases involving minors start in juvenile court rather than adult court. Under the proposal, children over the age of 10 accused of certain serious crimes, including first-degree assault or some gun offenses, would automatically fall under the jurisdiction of the juvenile court system.
Children over 16 who have committed an act that would be punishable by life imprisonment if they were an adult would not be under the jurisdiction of the the juvenile court system, nor would those charged with second degree murder, manslaughter, second degree rape, and various other serious charges.
Supporters say that approach reflects the reality that children are still developing and should not face the same automatic consequences as adults.
“They are not eligible to smoke, to drink alcohol,” said Monica Brook, Wicomico County NAACP President. “They're not even old enough to get married, but they're old enough to have their lives removed from them for life,”
But some prosecutors say removing the option to charge certain juveniles as adults could limit how they respond to serious crimes. Wicomico County State’s Attorney Jamie Dykes says the proposal would eliminate offenses where youth can currently face adult charges.
Deputy State’s Attorney Scott Messersmith says prosecutors already use discretion when deciding whether to pursue adult charges.
“We don't try to move schoolyard fights that are just fistfights to adult court,” Messersmith said.
Still, he says prosecutors should retain the ability to pursue adult charges in particularly violent cases.
“I think prosecutors’ offices need to have the option at our disposal, depending on the circumstances, to proceed in adult court against violent children,” Messersmith said.
Brooks argues that decision should ultimately rest with a juvenile court judge.
“The judge can evaluate the situation, evaluate the circumstances surrounding this particular thing,” Brooks said. “What we're not saying is that consequences will not be severe. We're not saying that.”
The proposal is still in the early stages of the legislative process.
The Senate version of the bill has passed its first reading, and the House version has as well, but both measures must still move through committees and additional votes before either could become law in Maryland.
