Memphis Implements Blended Sentencing Law, Sparking Concerns Over Juvenile Justice Reform

Memphis Faces Major Changes in Juvenile Justice System

As Memphis gears up for the new year, big changes are on the horizon for its juvenile justice system. A recently passed law known as “blended sentencing” is set to reshape how young offenders are treated, and it has left many parents, children, and judicial officials scratching their heads about what this all means.

What is Blended Sentencing?

Starting in January, the law will effectively keep young people in the juvenile justice system longer than before. If a child is charged with certain serious crimes, they will now receive both a juvenile and adult sentence for the same offense. Specifically, they’ll have to serve out their juvenile sentence until they turn 19, while the adult sentence could linger over them until they turn 24! Sounds confusing, right? Well, that’s because it is.

Why It Matters

One of the aims of the juvenile justice system is to rehabilitate young people, but Judge Aftan Strong from Memphis-Shelby County’s Juvenile Court pointed out that blended sentencing seems to be the opposite of rehabilitation. The law is particularly tricky for parents and kids to navigate, as it brings a slew of legal terms and implications that can leave anyone feeling lost.

Who Qualifies?

So, who exactly is affected by this new law? Generally, it applies to youth aged 14 and older facing charges for Class A or Class B felonies. A list of serious offenses includes murder, rape, aggravated robbery, and even acts of terrorism. The law stipulates that if a child has a second offense, or if the local district attorney requests it, they will automatically be facing blended sentencing.

Trial and Legal Rights

Interestingly, kids facing blended sentences will have the right to a jury trial. But here’s where it gets spicy: they might feel pressured to waive that right and settle for a hearing in front of a juvenile judge instead. This introduces all sorts of complexities, as juvenile courts don’t operate the same way as adult courts. For example, being termed as “delinquent” in juvenile courts means they’ve been found “guilty.” 

Longer Probation Periods

Under the new law, if children are found delinquent, they will be handed both a juvenile disposition and an adult sentence. How does that play out? Well, the juvenile part has to last until the offender turns 19 and can be served in various ways, including probation, community service, or even being sent to the Department of Children’s Services. The catch? Probation could extend for up to four or five years, depending on the circumstances, and it’s unclear what this longer probation would look like.

Concerns from Officials

Judges and legal advocates are worried about the lack of funding for any effective programming or services that could help rehabilitate these young offenders. Zoe Jamail from Disability Rights Tennessee underscored that this new law doesn’t put any money toward actual rehabilitation!

Potential Pitfalls of Blended Sentencing

So what could happen as a result of this blended sentencing? One single probation violation could mean the difference between walking free at 19 and stepping into adult life with a sentence hanging over them until 24! The law requires judges to consider several factors before making decisions about adult sentences, including whether the youth has reoffended or created risks to public safety. The problem? Some of these criteria are so vague that they could include typical teenage behavior.

What Comes Next?

Experts like Judge Strong are concerned that this blanket requirement could ultimately end up harming, not helping, at-risk youths. “What research shows us is that long probation periods don’t improve outcomes,” she says. Instead, they could push kids toward further legal troubles. If judges are given too much room to interpret often ambiguous rules, the potential for injustice looms large.

So as Memphis prepares to roll out this significant legislative change, one question remains on everyone’s mind: Is this really going to help our kids? With so much at stake, it’s crucial for community members to stay informed and engaged as these changes unfold.