The case of the 17-year old who shot three people at Westfield Valley Fair Mall, in San Jose, is bringing renewed attention to California’s juvenile justice system. Under current state law, the shooter cannot be charged as an adult, even though he committed a violent crime involving a gun. The most severe sentence the 17-year old can receive is five years in a juvenile detention center.
The shooter—let’s call him C.D., as San Jose police have identified him—has a history of gang involvement. From everything we know, he’s an extremely violent criminal. Will a stint in Juvie reform him so that he’s safe to release? Not according to the Santa Clara County District Attorney, who wants to try C.D. as an adult.
Let’s try to understand this. We know that California's juvenile justice system aims to rehabilitate young offenders rather than punish them as adults. The laws regarding the age at which a “youth” can be charged as an adult change with some frequency with the mood of the electorate, but right now, the situation is that some 16- or 17-year olds can be charged as adults, but this is really up to the District Attorney bringing the case, and the judge presiding over it.
And as we all know, liberal, sympathetic D.A.s and judges tend to be soft on 16- and 17-year olds. Pamela Price certainly was, which was a big reason why we dumped her.
Now we have this San Jose shooter who really seems to be a monster. Can you imagine opening fire with a semi-automatic weapon in a crowded mall? Who would do such a thing? In my view, only someone outside the realm of human decency. Such a person, especially with a prior record, is an animal, not someone I want walking the streets of America.
I don’t know the particulars of C.D.’s life, but I do know that sending him to some cushy youth detention center is a joke. I’ve been to these places. They’re like summer camps. The kids can do pretty much what they want, including sex and drug use. They know that D.A.s like Price feel sorry for them, and they (and their court-appointed lawyers) take advantage of that to make their time as short as possible. They’re not repentant; they laugh at the notion of repentance. Even before they’re released, they’re planning their re-entry into crime and predation.
In other words, there’s no deterrence for young gangbangers, and no rehabilitation for the majority of them. They know full well the system will go soft on them. Even if they have to serve a little time, they know they’ll be with their homies, and that their fellow gang members will be waiting for them with open arms when they’re released. This revolving door is a threat to all of us.
And there’s an additional danger: these gangs are recruiting younger and younger thugs because there’s no accountability for criminals under the age of 18. We have to give D.A.s more control over charging 16- and 17-year olds as adults. Gangs groom children as young as ten to commit crimes, by building a friendship and making them feel like a member of the group. The child over time sees the group as family. If the child is reluctant to commit crimes, the gang threatens him, his friends and his family. These kids form wolfpacks that prey on us all; they’re also the ones who invade malls and retail shops. As long as our laws permit juvenile criminals to get away with horrendous crimes, this situation will continue.
I’ve asked our Governor to support new laws lowering the age at which individuals can be charged as adults. Just because a kid is 14 or 15 doesn’t mean he (or she) is an innocent little baby, as Pamela Price used to allege. These people can be feral predators, and they have to be treated as harshly by our criminal justice system as older thugs. Yes, even if they’re 14, 13, 12, whatever. The bottom line is: If you can’t do the time, don’t do the crime, no matter what your age is.
Steve Heimoff