Mandatory Waiver For Juvenile Gang Members In Tennessee

Each year the national percentage of juvenile gang members decreases, while the number of gang related crimes has risen in Tennessee. Nearly 50% of gang members are currently under the age of 18. Adjudication of juvenile gang related cases is determined by the presiding judge’s discretion, but with the passing of House Bill 227 and Senate Bill 339 the offender would be automatically transferred from juvenile to adult court. These bills, which are sponsored in the Tennessee General Assembly by Representative Sheila Butt and Senator Joseph Hensley respectively, state that if a juvenile was accused of a crime that is associated with gang activity (as listed in § 40-35-121) and has a prior offense, they must be transferred to adult criminal court. This analysis will evaluate the bills’ immediate and long-term impact on individuals and the community, the strengths and limitations of this legislation, and our recommendations for change. We will then evaluate the proposed bills in light of our professional values as social workers. We suggest that the mandatory waiver law for juveniles with prior gang related offenses is not in the best interest of juvenile offenders, especially those of color or low socioeconomic status. We understand that the possibility of being tried as an adult could serve as a deterrent for juveniles in the system, but argue that the poor outcomes of juveniles tried as adults outweighs any deterring aspect of the law. A law focused on the rehabilitation of juvenile gang offenders, rather than punishment, would better serve all key stakeholders involved.