September 26, 2014

As Another Young Boy Commits Suicide in an Adult Prison, We Must Rethink the Prosecution of Children as Adults

9-26-2014 Pennsylvania:

Zachary Proper, age 15, committed suicide two weeks ago in an adult prison in Pennsylvania. There has been little media coverage of his death, suggesting a disturbing complacency about suicide by youth who would rather take their own lives than endure decades in jail.

How did Zachary end up serving time as an "adult"? At the age of 13, he was charged with killing his grandparents. Under Pennsylvania law, because Zachary was charged with murder, state law required that he be charged as an adult. He ultimately plead guilty to third degree murder of his grandparents and was sentenced to 35-80 years in prison.

Although charged as an adult, Zachary also had the right in Pennsylvania to ask the criminal court to send his case to juvenile court. His lawyer did just that. The criminal court heard testimony from Zachary himself as well as law enforcement, family members and experts who evaluated Zachary. Zachary's parents supported their son throughout these court proceedings.

While there was testimony about Zachary's abusive childhood and a prior suicide attempt, the court declined to transfer his case to juvenile court, and was particularly troubled by the absence of a "guarantee" that Zachary would be rehabilitated by age 21, when juvenile court jurisdiction would end. Of course, no expert could offer such a guarantee.

But there are highly successful, proven programs that can help kids who commit serious crimes, even those who have committed murder. The chance of success for Zachary would have been especially promising since the juvenile justice system would have had nearly eight years of his adolescence to work with him - a critical period for change and transformation as Zachary matured into adulthood. ..Continued.. by Marsha Levick

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