Texas Justice System Treats 17-Year-Olds as Adults

A 17-year-old was arrested this week on suspicion of fatally stabbing another teen at a Frisco ISD track meet. He can’t buy alcohol, guns, lottery tickets or tobacco, vote, enlist in the military or serve on a jury, but he can be tried as an adult in Texas.

The teen, who faces a murder charge, has yet to be indicted. Murder, a first-degree felony, carries a punishment range between five years and life in prison.

At 17, kids accused of crimes are adults in the eyes of the state’s justice system: They are automatically tried in adult courts, face adult sentences and are imprisoned with adults.

History of the Age of Responsibility in Texas

Texas’ age of responsibility dates back more than a century. In 1918, the age was raised to 17 — for the more than 60 years prior, it had been 9. Before that, the republic, in 1836, established 8 as the age of responsibility for crimes.

It’s unclear why 20th-century lawmakers picked that age. Today, Texas is one of three states that treat 17-year-olds like adults, according to the Interstate Commission for Juveniles. The “age of majority” — or when most states recognize adulthood — is 18.

Nationwide Trends and Reforms

Legislators have repeatedly tried in recent years to raise the age — in step with nationwide trends to reform juvenile justice — to no avail.

Related: Grief mounts at Frisco’s Memorial High after third student killing this school year

How the Law Works

Texas’ law is based on the suspect’s age at the time of the crime, not their age at trial. Children as young as 14 can be tried as adults with a judge’s approval.

A child can be charged with capital murder, which is usually punishable by death or life in prison without parole, but the U.S. Supreme Court has ruled that it is unconstitutional to impose the death penalty for a crime committed by someone under the age of 18.

The high court found that children’s less-developed brains make them less culpable for crimes. The justices later ruled that life-without-parole sentences were cruel and unusual for anyone under 18.

Related: Frisco ISD student fatally stabbed at high school track meet

Efforts to Reform the System

Ahead of the nation’s highest court, Texas also abolished mandatory life sentences without parole for juveniles. Someone younger than 18 at the time of a capital offense is automatically sentenced to life and may be eligible for parole.

Legislators have introduced bills in at least the last five sessions to raise the age of criminal responsibility. Advocates say 17-year-olds are not mature enough to be in the adult justice system, while opponents worry about overcrowding the state’s juvenile lockups.

At least two bills aimed at amending the age this session remain in committees.

Conclusion

The Texas justice system’s treatment of 17-year-olds as adults has been a topic of debate for many years. While some argue that this approach is necessary to hold young offenders accountable, others believe that it is unfair and ineffective. As the state continues to grapple with this issue, it is essential to consider the potential consequences of trying and sentencing minors as adults.

Frequently Asked Questions

Q: What is the age of responsibility in Texas?

A: In Texas, the age of responsibility is 17. This means that 17-year-olds are considered adults in the eyes of the justice system and can be tried and sentenced as such.

Q: Can 17-year-olds be tried as adults in other states?

A: Yes, but only in two other states besides Texas. Most states consider 18 to be the age of majority and treat 17-year-olds as juveniles.

Q: What are the potential consequences of trying and sentencing minors as adults?

A: Trying and sentencing minors as adults can have severe and long-lasting consequences, including lengthy prison sentences, limited access to education and job opportunities, and increased risk of recidivism.

Q: Are there any efforts to reform the Texas justice system’s treatment of 17-year-olds?

A: Yes, there have been several attempts to raise the age of responsibility in Texas, but so far, none have been successful. Advocates continue to push for reform, arguing that 17-year-olds are not mature enough to be treated as adults in the justice system.