murksiderock
Superstar
Punishment Grids | North Carolina Judicial Branch
Minimum/Maximum Sentence Tables for felony, misdemeanor, Class B1 through E Sex Offenders, and Advanced Supervised Release (ASR).
I live in NC, I'm posting the NC punishment grids to illustrate my stance, but every state has variations if this...
First Degree Murder is the only Class A offense in NC, and it's the most severely punished crime, essentially deemed the worst thing a person can do, is kill another in the first degree. It's punishable by Death or Life Without Parole at conviction...
A reformed juvenile justice system, in my opinion, should have a max of 40% the punishment time for adults. If a guy gets a 50-year sentence that's basically Life, whether you get it at 21 or 41, and NC doesn't parole Lifers, so I'm saying I believe 20 years should be the hard cap on juvenile convicts. That's 40% of 50 years...
So if a 15 year old is convicted on 1st Deg Murder, automatic 20 years...
Class B1 felonies in NC: 2nd Deg Murder, 1st Deg Forcible or Statuatory Rape, 1st Deg Forcible/Statuatory Sex Offense. Minimum punishment of 144 months in the mitigated Level I range to Life Without in the Aggravated Level VI range. Here's the thing, even the worst juvenile isn't going to be a Level VI offender, the worst juvenile is Level II or Level III if the system is familiar with him, so the max penalty for a Level III offender in the Aggravated range is 317-397 months (basically 26½ to 33 year sentence)...
40% of that is 127 to 159 months, which is 10½ to 13 years. That sounds appropriate to me as a max, Level III juvenile offender for B1 crimes. So and so forth down the line for all offense classes and ranges up to Level III for youthful offenders...
These guys get punished and rehabilitated and have enough life left to reintegrate into the world. If they blow it, that's on them, but this is close to what the standard should be...
Classes E thru I are the lowest and should all come with the potential for probation without imprisonment. This can be judged on a case by case basis, but that potential should be there, the maximum for a Class E punishment in the Aggravated range is 50-63 months, for a juvenile I'd reform that to 20-25 months. Class E offenses in NC are:
Sex activity by substitute parent or custodian; assault with deadly weapon with intent to kill; awdw inflicting serious injury; discharging weapon into occupied property; assault with firearm on law enforcement; 2nd Deg kidnapping; sell or deliver controlled substance within 1000 feet of a school...
By the way, I'm in favor of teens still having to register as sex offenders, and I'm in favor of consecutive sentences so long as they don't exceed 20 years. Most of these kids have multiple charges, not just one...
The kid who shot Brian Robinson was 14 at the time of the incident. WashPost reports he pled guilty to attempted robbery in that case, voluntary manslaughter in the killing of the other teen, and possession of a firearm from when he was arrested. In NC these convictions carry a max of 128-160 (voluntary manslaughter); NC doesn't have an "attempted robbery" charge so this would be robbery with dangerous weapon sentence which has a max of 128-160 months; and the closest to "possession of a firearm" in NC are unlawfully possessing a weapon without a permit which is a 10-12 month max...
This total sentence could be served consecutively based on my ideal sentencing and he would serve a sentence of 106-133 months, which is 9 to 11 years, effectively putting him away until he's 24 to 26 years old, he's in juvenile facilities until he's 20. Parole him for 3 or 4 years, he has a chance to salvage his life. If he reoffends that's on him, but the system gave him the tools to rehabilitate based on being a teen offender...
I haven't touched on the environmental factors that play a role in a kid becoming who he is, and actually it sounds like DC could attempt some form of transformative punishment because he's being given a manslaughter conviction for a crime he shot a guy sitting on a porch from a car; being given a robbery conviction for a crime he shot a guy; and the judge said he may opt to keep him in juvie until he's 21...
I'd give him no more than 15, anything over 20 is unacceptable as he was only 14 when this stuff happened, and I'd have a very expansive and inclusive juvenile justice systems, all kinds of education and counseling and labor services...