Mass and school shootings are far too frequent tragedies in Colorado and across the nation. After each unfortunate event occurs, communities rally to think about measures to intervene. The offenders of these shootings and their families are often prominently featured in the media and their behavior is retroactively scrutinized. Although accountability is essential (particularly with the increase of restorative justice programs) in seeking justice for victims and communities, determining appropriate consequences or sentencing of juvenile offenders of severe crimes has been a difficult topic.

 

Extensive research on brain development explicates that the human brain is not fully formed until the age of 25. During adolescence, cognitive skills (i.e., reasoning, decision-making, and impulse control) are underdeveloped and adolescents have a diminished ability to focus on and recognize the consequences of their behavior. Trauma,  which impacts many adolescents in the juvenile justice system, further disrupts development. Because the adolescent brain is still developing, personality traits and behaviors of adolescents are highly receptive to change. Most adolescents respond well to treatment and interventions, learn to make responsible choices, and desist from delinquent or criminal behavior.

 

Courts are listening to this research and social science research is increasingly being used in judicial decision-making. For instance, research on adolescent brain development was critical to the U.S. Supreme Court decisions in Roper v. Simmons (2005), Miller v. Alabama (2012), and Montgomery v. Louisiana (2016). Courts are recognizing that adolescence is a distinct developmental period (i.e., adolescents are children) and should be considered in dispositions.

 

Transfer to adult court for the defendant of the STEM High School shooting, due to the severity and publicity of the case, is inevitable. However, discussions regarding transfer and reverse transfer cases for juveniles are increasing and the tide is changing. To date, a few states (e.g., Louisiana, Michigan, New York) have considered or implemented "raise the age legislation," which would raise the age of criminal responsibility to 18 or even 21; essentially prohibiting minors from entering the adult criminal justice system. Should Colorado be next?

For further reading on this subject:

• Colorado Community Media - Two suspects not typical in school shootings
   
• Colorado Sun - Let's find ways to protect students without placing them at additional risk
   
• Denver Post - 2 suspects, same school shooting, 2 different legal paths: Here's how Colorado courts handle juvenile homicide suspects