BATON ROUGE, La. — On Friday, lawmakers in Louisiana’s Republican-led Legislature approved a constitutional amendment aimed at allowing the state to broaden the range of juvenile offenses for which individuals aged 14 to 16 can be prosecuted as adults.
Currently, the state’s constitution enumerates 15 violent offenses—including homicide, sexual assault, and armed robbery—that can be prosecuted in adult courts. Any amendments to this list necessitate voter approval.
The proposed amendment, championed by Republican Senator Heather Cloud, requires voter consent in upcoming elections scheduled for March 29 to take effect. If approved, it would enable legislators to decide which juvenile crimes can be moved to adult courts through a two-thirds vote.
This initiative is part of a broader trend in Louisiana, already noted for having the second-highest incarceration rate in the nation, following Mississippi. Under Republican Governor Jeff Landry, who took office in January, measures have been introduced to treat 17-year-olds as adults in the justice system, largely eliminate parole options, and permit surgical castration as a punishment for specific sexual offenses against minors.
Proponents of the amendment, consisting primarily of Republican legislators, argue it will empower lawmakers to equip prosecutors with additional tools needed to enhance public safety. “The constitutional constraints have hindered Louisiana’s ability to adapt and respond to the evolving landscape of juvenile crime,” Cloud stated on the Senate floor on November 14.
Conversely, detractors—comprising Democrats, social workers, and criminal justice reform advocates—contend that specific offenses sending juveniles to adult courts should remain enshrined in the constitution to ensure electoral oversight. “We’re removing the public’s influence on how young people should be treated in our state,” asserted Democratic Senator Katrina Jackson-Andrews.
Critics also emphasize that such amendments do not address the underlying issues that lead to juvenile crime, such as poverty and inadequate educational funding. During legislative discussions, advocates for reform expressed concerns that moving young individuals to adult court limits their access to age-appropriate rehabilitation services.
Democratic Senator Royce Duplessis expressed his disapproval of the measure, arguing that it signifies a failure to support children adequately. “This approach implies we’re treating all juveniles as adults and neglecting our obligation as a society to address deeper issues—this will not deter criminal activity,” Duplessis said.
Some supporters highlighted the notion that juveniles involved in violent acts often come from backgrounds lacking adequate care and may be beyond rehabilitation, attributing their actions to failed family environments rather than systemic issues.
“Many of these kids have already lost their way by the age of two,” said Republican Representative Tony Bacala at a House committee hearing.
According to state law, juveniles who are tried in juvenile court can only be incarcerated until they reach the age of 21 unless they are transferred to adult systems. The potential constitutional amendment could allow for significantly extended sentences for young offenders, even for less severe crimes, as noted by Bruce Reilly, deputy director of the advocacy group Voice of the Experienced.
Support for the amendment comes from both the Louisiana District Attorneys Association and the Louisiana Sheriffs’ Association. However, New Orleans Sheriff Susan Hutson raised concerns that it would likely exacerbate existing staffing shortages in the jail system. Current federal legislation still mandates that those aged 17 and younger are treated as juveniles and separated from adult inmates.
District Attorney Tony Clayton, representing West Baton Rouge, clarified that he would not prosecute a minor as an adult for minor offenses like possessing marijuana, but would consider the severity for violent crimes.
Nationally, violent crime rates are reportedly declining, with recent data from the FBI’s Uniform Crime Reporting indicating reductions in New Orleans specifically, which had the country’s highest homicide rate among major cities in 2022.
Conservative legislators attribute these decreases to the implementation of stringent criminal penalties earlier in the year and Governor Landry’s deployment of state troops in New Orleans.
Advocates for the amendment have pointed to attention-grabbing violent incidents perpetrated by juveniles, including a tragic carjacking in New Orleans and the brutal death of an elderly woman, in which the offenders were charged as adults.
Notably, Louisiana remains one of only five states that classify 17-year-olds as adults in the criminal justice system, according to information from the National Conference of State Legislatures.