A wide variety of state and federal laws and policies treat minors differently from adults.
People must be 21 to buy alcohol. The youngest someone can be to enlist in the military is 17. In Nevada, a person must be 16 to apply for a full driver’s license.
The differences have been perpetuated by case law, as well. In Roper v. Simmons (2005), the U.S. Supreme Court ruled the death penalty unconstitutional for minors, and in Graham v. Florida (2010), the court held that life-without-parole for non-homicide crimes is an unconstitutional punishment for minors.
“I think there’s more realization now that children aren’t able to make decisions the way adults do,” Ohrenschall said. “And trying to hold children accountable to the same standards we hold adults is not fair.”
Lawmakers this session are seeking to further separate the juvenile justice system from the adult criminal justice system at nearly every level, with legislation aimed at reducing referrals into the system, promoting rehabilitation programs and housing young offenders separately.
“I think the big effort on our part was to try to either keep kids from getting in the system if we can,” Ohrenschall said. “And if they are in the system, to try to see if there can be programs that can keep them closer to home, closer to their community.”
The efforts of Ohrenschall, who chaired the Legislative Committee on Child Welfare and Juvenile Justice during the interim, and others have made the 2021 legislative session a particularly active one for the subject. More juvenile justice bills were introduced this year than in each of the 2019 and 2017 sessions.
Though the 2017 session featured sweeping