NC district attorneys seek tweaks to juvenile justice law

In 2017, North Carolina was one of the last two states in the nation where a 13-year-old could be tried as an adult. The law has been taking effect in progressive stages ever since.

But it didn't apply to violent offenses committed by those 16 and over — those still go to adult court — and it maintained prosecutors' prerogative to try children as young as 14 as adults for first-degree murder if warranted.

However, Spahos said, some juvenile judges are dragging their feet. He said many are insisting on having hearings on the matter in juvenile court, which he said is a misunderstanding of the new law and other North Carolina legal precedent. He urged lawmakers to clarify the law when they return for short session in the spring.

Spahos reiterated the conference's support for the "Raise the Age" initiative. But he said with younger children committing more violent crimes today than in 2017, skepticism is growing among district attorneys that the juvenile justice system is the right place for those cases.

He offered the example of a 12-year-old who was charged with first-degree murder for shooting his own father. The child was free in less than two years, Spahos told lawmakers.

"After the full process, the trial in juvenile court for it, the juvenile is now released from custody and back in the community," Spahos said. "Neither the DA nor the victim received notice at the time that this was even being considered. There’s got to be a better way to keep our communities safe from some of these offenders."

And the problem is growing rapidly, Spahos added.

"In Wake County alone, there’s been 12 juveniles charged with first-degree murder in the last 18 months," he told lawmakers. "Less than four years ago, those same offenders faced life sentences. We don’t believe the current juvenile system is equipped to handle these serious, most violent offenses."