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House Co-Sponsorship Memoranda
House of Representatives
Session of 2019 - 2020
Regular Session
MEMORANDUM
| Posted: | November 20, 2020 05:17 PM |
|---|---|
| From: | Representative Christopher M. Rabb |
| To: | All House members |
| Subject: | Prohibiting direct filing of cases involving children to the adult system |
| We should eliminate the presumption that a child should be treated as an adult by prohibiting direct filing of cases involving children to the adult system. In 2017, more than 400 children between the ages of 14 and 17 were charged with criminal offenses in adult court due to a law passed by our legislature in 1995 inspired by the racist, bipartisan trope of the “super-predator”. More than 80 percent of youth prosecuted as adults arrive in adult court through direct file, with young Black teenagers accounting for 58 percent of adult convictions while only making up 14 percent of the statewide youth population. Importantly, nearly 60% of cases of youth charged as adults end up getting dismissed, withdrawn or decertified back to juvenile court. Why are we exposing children to the trauma of adult incarceration and prosecution in light of that reality? Originally heralded as rehabilitative and a deterrent, Act 33 of Special Session 1 of 1995 requires children between the ages of 15 and 17 charged with certain felonies to be charged in adult court if they meet certain requirements, such as the presence of a weapon during the alleged crime. However, instead of helping our youth, this “direct file” law has been proven time and time again to be a failure, nothing more than a cruel, unnecessary punishment that forces children into the adult prison system and results in far higher recidivism rates than the juvenile system. We cannot allow this any longer. My legislation aims to protect and rehabilitate our young Pennsylvanians by repealing the direct file law so that our youth can be tried as youth and given the resources they need to avoid a lifetime in the justice system. By repealing this law, the court will still have the ability to make appropriate decisions when a child is accused of an offense. The judge can still, after a hearing, transfer a case to adult court in certain circumstances, but it would start in juvenile court, according to Section 6355 of the Juvenile Act. As legislators, it is our duty to protect and serve every Pennsylvanian. Charging children as adults for certain crimes is damaging to their well-being, the well-being of their loved ones, and the well-being of this Commonwealth. Please join me in supporting our future by co-sponsoring this legislation. |
Introduced as HB2979