WIZS

DA Waters: 16 & 17-Year-Olds to be Tried as Juveniles Effective Dec. 1

District Attorney Mike Waters was on Monday’s edition of WIZS’ Town Talk program to discuss the “Raise the Age” Initiative, an NC Legislature-passed law that will raise the age of juvenile jurisdiction for nonviolent crimes to age 18 effective December 1, 2019.

According to Waters, this change will significantly increase the juvenile court workload as the majority of 16 and 17-year-olds, currently tried automatically as adults in NC, will be tried as juveniles when the law goes into effect.

Under the new law, exceptions exist for 16 and 17-year-olds who commit felonies that are classified as A-D – including murder, robbery and burglary – in addition to DWI and other traffic offenses, firearm charges and gang-related offenses.

“North Carolina is one of the last two states in the nation to charge 16-year-olds as adults,” said Waters. “I want to reassure the public that, under the new law, the DA’s office will have the discretion to prosecute juveniles that commit serious crimes as adults.”

Waters also explained that, as of December 1, a 16 or 17-year-old convicted of a serious crime will fall under the “once an adult, always an adult” adage; once tried as an adult, any subsequent convictions will be tried as an adult as well.

As for the reason behind raising the age limit for juvenile prosecutions, Waters said research and statistics make a compelling case.

“Research shows that many 16 and 17-year-olds that get involved in the court system may not get involved with it again. Tracking someone forever and giving them a record at a young age creates a certain outcome. Also, 16 and 17-year-olds are not thinking the same way that 18, 19 and 21-year-olds are thinking.”

While juvenile court often results in some form of punishment, Waters said the primary purpose is “therapeutic” in nature. “In juvenile court, you’re trying to get the juvenile on the straight and narrow so they do not have to come back [into the court system].”

Waters and other district attorneys across NC will be asking state legislators for additional assistant district attorneys and support staff to help with the expected increase to the juvenile court workload.

“The NC Conference of District Attorneys will be asking the legislature for 54 additional assistant district attorneys across the state with the expectation that we will have one of those in our district,” Waters said.

Waters and his office serve Vance, Granville, Franklin, Warren and Person counties. This five-county area compromises the 9th Judicial and the 11th Prosecutorial districts in North Carolina.

To hear the Town Talk interview with DA Mike Waters in its entirety, click here.

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