BOSTON — A string of ongoing attacks involving juveniles in Downtown Crossing and the Boston Common is bringing scrutiny to a 2018 criminal justice reform policy change in Massachusetts.
The legislation raised the age of kids who can be charged in the state from 7 to 12.
Some law enforcement sources tell Boston 25 News their hands have been tied in responding to many recent crimes involving repeat juvenile offenders. Police have no choice but release kids under the age of 12 to their parent or guardian no matter how serious the crime or how many times they’re caught in the act.
Those kids aren’t required to sign up for treatment or social services either.
“If there’s no punishment, there’s basically no crime. They know it. That’s why they’re hitting police officers, spitting on them, kicking them,” said David Savoie, owner of Silvertone Bar on Bromfield Street.
Savoie had a violent firsthand encounter with a group of kids inside his business in late March.
The juveniles shattered his front glass door and window. He said one of them lunged at him with a knife.
“Who’s afraid of a 12-year-old kid? Well you are when they pull a knife on you and you know there’s nothing you can do about it,” said Savoie.
Savoie said he’s frustrated that incidents involving some of the same kids continue to be reported on a weekly basis.
Lawmakers who pushed for the policy change enacted in 2018 believe the answer isn’t the criminal justice system.
“They don’t belong in the criminal justice system. They’re too young to be criminally culpable,” said Sen. William Brownsberger, a Democrat who represents the Second District of Suffolk and Middlesex counties.
Senator Brownsberger was a lead sponsor of the legislation that changed how the state handles charges against children.
“They may need to be grounded, but what they don’t need is to be sent to a criminal justice institution,” said Brownsberger. “Clearly, there’s a whole lot of systems that are failing right now.”
Brownsberger believes the answer is a combination of parental accountability, more involvement from schools and a working partnership of city, state and community agencies he says should be equipped to help.
“It’s about the parents, number one. It’s also about the schools, the health care system and barring all else, the Department of Children and Families,” added Brownsberger.
The outlook on responding to juvenile crime isn’t sitting well with some business owners and residents.
“I don’t know what the answer is, but it can’t be just let them keep doing it,” said Savoie. “There’s no sense. They aren’t going to stop anytime soon.”
Current state law also limits the ability of law enforcement to hold kids under 14.
There are no legal consequences for parents who break a written commitment to bring juvenile suspects to court when they are summoned.
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