Abstract: THE INCREASE in juvenile crime, highlighted by the proliferation of handguns in schools and on the streets, has pushed states to take action. What last year might have been a discussion of prevention versus punishment now seems to be coming down hard on the side of punishment. Within the past six months, a critical mass of public opinion has formed around the issue of juvenile crime. No single event has triggered this reaction. It stems from the extensive media coverage of the shootings of foreign tourists in Florida, the wave after wave of gun-related violence in urban areas this past summer, and the realization that smaller cities and even rural areas share similar problems with violence. Such a wave of brutality seems to demand that society something. The common assumption that the police, the schools, or some other social agency can handle this problem with their existing resources seems to have given way to the realization that states must give these agencies new resources and new direction. Moreover, the problems are moving faster than these agencies can comfortably handle. In some states, for example, penalties for possession of a handgun by a juvenile can mean that the violator is back on the street or back in the school within hours. SPECIAL SESSION IN COLORADO The public inclination to do something was building in Colorado throughout the last school year. Newspapers in the state reported almost daily on hand-gun-related incidents involving young people. Several juvenile deaths occurred, and, in the middle of the year, a 14-year-old and a 15-year-old stole a car and then shot and killed a state patrol officer who stopped them. These boys attended a suburban middle school, not a blighted inner-city one. This tragedy -- along with a most violent summer (during which a 6-year-old was shot in the head) -- prompted Gov. Roy Romer to call a special session of the legislature in September to deal with violence. The five-day session saw the passage of 10 out of 36 bills that were introduced. Heading the list was H.B. 1001, aimed at keeping handguns out of the hands of minors. H.B. 1001 makes exceptions for legitimate uses, such as hunting, target practice, and firearms competition, as long as a parent or guardian grants permission. Handguns can be carried to these activities if they are unloaded and the ammunition is inaccessible. (Before the package went through, the National Rifle Association sent three lobbyists to ensure that the provisions covering hunting and target practice were included.) Previously, no statewide law had limited juveniles' rights with regard to handguns, although some municipalities did have local ordinances. Violation of the new law is a misdemeanor punishable by a year in jail and a fine of up to $1,000. H.B. 1001 also provides for a minimum of five days in jail, and, if the juvenile is presumed to be a danger, the judge could hold the offender without bail through trial, which could take up to 60 days. The automatic jail sentence is aimed at gang violence and is intended to send a strong message to young people. Since the enactment of H.B. 1001, one county magistrate has declared the gun law unconstitutional. The court's concern stems from the fact that adults cannot be arrested and jailed merely for possessing a gun and that the bail requirements seem more lenient for adults than for children. However, a provision of the new law prohibits removing parts of it without killing off the whole measure. Gov. Romer had insisted on the no-bail provision to keep the justice system from being used as a revolving door. While the legal wheels turn, the law is in place in other Colorado counties, with the public supporting the governor and the legislature. The second strong law in the package, S.B. 9, establishes the youth offender system, a new intermediate corrections facility for violent offenders between the ages of 14 and 18. …
Publication Year: 1993
Publication Date: 1993-12-01
Language: en
Type: article
Access and Citation
Cited By Count: 1
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot