Some say judges should have more access to juvenile records
Nov 18, 2024
MEMPHIS, Tenn. — At a time when there's so much talk about carjackings, robberies, smash and grabs in Memphis, there's a new debate as to whether judges should have more access to a young defendant's records when setting bail.
Some Democrat and Republican state lawmakers agree that state law needs to change.
"When we talk about bail reform, my nightmare is the jail," Sheriff Floyd Bonner said. "We're busting at the seams at 201 (Poplar, aka the Criminal Justice Center)."Some of the discussion about bail reform came during a recent public forum sponsored by the Memphis Shelby Crime Commission.
"As a community we understand why juvenile records haven't been available in the past because don't want what someone did when they were young held against them all their lives," said Judge Lee Wilson of General Session Court.
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Wilson says in some cases, change may be needed to allow judges and judicial commissioners to have more access to the records of juvenile defendants.
"Let's says he's 17 and ten months and he committed a carjacking, and then on his 18th birthday, which is two months later, commits another carjacking. Well, under our current law, we wouldn't know about the carjacking he committed two months ago," Wilson said.
Several city and county leaders say they support changing state law to make to grant more accessibility to juvenile records.
Memphis state Representatives Mark White (R) and G.A. Hardaway (D) say they could support the measure with certain restrictions.
"The judge needs to know whether or not the offender, this is their first time, or if they have multiple arrests — 14,15,16 — on the record that will help him in setting bail," said White. "And what that would do for the community is if a person has multiple arrests, and they don't necessarily need to get bailed and be back on the street."
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"So we've got to be concerned about the confidentiality of the information that's going to be pulled from the juvenile records, and that it's not misused, that it doesn't hinder true justice," Hardaway said. "And that's about young adults being able to grow beyond their youthful indiscretions."
State lawmakers say juvenile crime and bail reform will be addressed in the upcoming legislative session in early 2025.