WHIDBEY NEWS-TIMES: New juvenile justice law raises concerns

Jessie Stensland reports:

A state law that is meant to protect juveniles from pressure or coercion from police officers has inspired strong feelings in Island County’s law and justice system.

The law requires law enforcement to provide people under 18 years old with access to an attorney before the juvenile can waive his or her constitutional rights and answer questions, unless the information sought is necessary to protect someone from imminent harm or the child is suspected of being a victim of trafficking. The consultation with an attorney cannot be waived.

Inevitably, the attorney advises the juvenile not to talk to police and the juvenile remains silent. The state has funded a 24-hour attorney hotline for juveniles.

They Said It

Island County Prosecutor Greg Banks… said in an email that the statute provides unnecessary protections well beyond what the constitution requires. He said he doesn’t have a problem with juveniles being susceptible to reasonable pressure since it helps them to be good adult citizens.

“I got into my share of trouble as a juvenile,” he said. “I think I would be worse off today had some lawyer swooped in and saved my bacon, or told me not to do and say what I knew in my heart was the right thing to do and say.”

Banks also pointed out that the juvenile justice system already provides children with extra protections far beyond what adult defendants get. Their standard sentence ranges are much shorter, they get “several bites at the apple” under agreements that divert prosecution and, even if prosecuted, their sentences can be deferred. Their records are sealed when they turn 18 years old.

The law can hinder investigators’ ability to solve crimes and seek justice for victims. Banks pointed to several gray areas in the law due to the “poor drafting” that essentially leave police and prosecution guessing. It’s unclear from the law, for example, if statements police officers obtain from a juvenile whom they are not interested in prosecuting can be used in a criminal case against another defendant — whether adult or juvenile — if the juvenile wasn’t given access to an attorney.

Banks… said the law can be impractical in some cases, like at a scene of a crime where numerous kids are witnesses. At the beginning of the investigation, police have no idea who is a witness and who is a suspect, so they may feel they need to provide them all access to the state’s 24-hour attorney hotline.

“Now, even a kid who was not a participant and wanted to cooperate and be a good citizen is going to be told by an adult lawyer, ‘Do not talk to the police,’” Banks said. “Basically, the legislature has institutionalized and funded a ‘don’t be a snitch’ policy. How does that improve accountability or protect public safety?”

Island County Sheriff Rick Felici said he agrees that there are problems with the law, although his office deals with relatively few juvenile crimes. He has been active in communicating with state lawmakers about law enforcement concerns with the series of police reform laws and hopes that many of the problems will be fixed in follow-up legislation. For deputies, the law restricting police pursuits has been especially troublesome.