The Children Are Our Future (Not Our Future Criminals): Protecting South Carolina’s Youngest Citizens by Setting a Minimum Age of Juvenile Court Jurisdiction

From the Introduction:

This Article makes the case that South Carolina should build on its successful “Raise the Maximum Age” efforts and join the majority of states who have set a statutory minimum age of juvenile court jurisdiction in order to protect young children and better serve public safety. In making the case, Part II examines the evolution of juvenile court in the United States, beginning with its origination in the 1800s with a focus on distinguishing children from adults and the “rehabilitative ideal” that children could outgrow challenging behavior if given the right treatment and services.18 After a long period of “adultification” of the juvenile court in response to rising crime rates, more recent reform efforts have focused on returning to the early court’s rehabilitative model. With this context in mind, Part III describes South Carolina’s unique history of juvenile court development and reform up to the current moment. National trends have heavily influenced South Carolina’s juvenile system, but there are also state-specific legislative and judicial factors that inform any proposals to protect young children from juvenile court processing in the state.

Part IV outlines national efforts to keep young children out of juvenile court by setting a statutory minimum age of juvenile court jurisdiction. Currently, over half of states set a minimum age of juvenile court jurisdiction, with fifteen states passing legislation since 2012 that either set a minimum age for the first time or increased the existing minimum age.21 Part IV explores the justifications that support the “Raise the Minimum Age” movement, as well as the success of the movement in the last decade. Finally, Part V turns back to South Carolina, analyzing the opportunities and challenges of passing minimum age legislation in the state. Ultimately, the Article concludes that South Carolina is primed for minimum age reform and makes recommendations to advance such reform given the current climate.