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Anti-gang bill draws critics Juvenile advocacy groups oppose adult sentencing Juvenile justice groups are
accusing California Democratic Sen. Dianne Feinstein of
sound-bite politics for an anti-gang bill that makes it easier
to prosecute teenagers as adults.
The Gang Prevention and Effective Deterrence Act of 2003,
which Feinstein co-authored with Sen. Orrin Hatch, R-Utah,
would direct millions of dollars to local law enforcement
agencies to fight gang violence -- particularly in places like
Los Angeles County, which Sheriff Lee Baca recently dubbed
"the gang capital of America."
But the bill faces opposition from more than 60 child
advocate groups nationwide because of a provision that allows
prosecutors to decide whether 16- and 17-year-olds charged with
serious violent crimes should be tried as adults.
"Unfortunately, this is sound-bite politics," said Marc
Schindler, staff attorney for the Youth Law Center in
Washington, D.C.
"I understand the desire to respond to gang violence in
communities. We think this is the wrong way to do it,"
Schindler said. "It's basically going to throw kids away to
the adult system."
Added Michael Bochenek, counsel to the children's rights
division of Human Rights Watch, "It's an easy political
answer. It's an expedient political answer."
Feinstein said she was unaware of concerns about the
juvenile provisions and called the legislation "a strong
bill."
"Gangs are a big deal," Feinstein said. "They are
responsible for tens of thousands of deaths, and they're more
sophisticated than the Mafia."
The lawmaker's aides said they are looking at ways to modify
the legislation to allow a prosecutor's decision to be appealed
to a judge. But Schindler and other advocates dismissed that
solution, saying such decisions would be difficult to
successfully appeal.
At the same time, the National Association of Police
Organizations and the Los Angeles County Sheriff's Department
have thrown strong support behind the bill.
Baca, who is launching a regional anti-gang consortium,
recently estimated there are about 96,000 gang members in Los
Angeles County. Gang-related offenses account for nearly half
the violent crimes the agency deals with.
Baca spokesman Steve Whitmore said Feinstein's bill, which
provides $650 million over the next five years for law
enforcement's anti-gang efforts, would allow the agency to
reinstate a program for at-risk youths. The Vital Intervention
and Directional Alternatives program was gutted this year
because of budget cuts.
As to the adult prosecution of teenagers, Whitmore said,
"We believe that there are teenagers close to 18 that are
committing heinous adult acts, and they should be treated as an
adult."
Wayne Bilowit, legislative advocate for the Sheriff's
Department, said Baca does not favor putting juveniles in adult
facilities, but said he doesn't believe the provision would
affect many teens.
Juvenile justice advocates said they also are concerned
about a provision that makes it easier to try juveniles in
federal court. Currently, in order to move a juvenile case to
federal court, a teen must be charged with a felony crime of
violence or a series of serious drug charges, and the
prosecutor must show a substantial federal interest in the
case.
Under Feinstein's bill, a juvenile could be transferred from
state to federal court for any crime, as long as the prosecutor
can show evidence of strong federal interest. Advocates argued
the provision heightens the chance that juveniles will be sent
to prison far from home and brings them a step closer to the
adult system.
Javier Stauring, a lay chaplain for incarcerated teens in
Los Angeles who signed a letter with about 60 national
organizations opposing Feinstein's bill, said he works
regularly with juveniles in adult prisons.
"You can just see that they give up hope, and they get the
message that society has given up on them," he said.
Already in California, voter-approved Proposition 21 allows
district attorneys to try juveniles in adult courts in certain
cases.
In addition to the juvenile provisions, Feinstein's bill
makes gang recruitment a federal offense punishable by up to 10
years in jail; makes three or more people working together to
commit violent crime a federal criminal offense, with sentences
of up to 30 years for some gang crimes; increases penalties
from five to 10 years for using interstate commerce to promote
illegal activity; and imposes a sentence of up to life in
prison for obstruction of justice in state proceedings.
Lisa Friedman,
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