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Senator Bays. Without objection we will put that in the record. (The material follows:)
THE LIBRARY OF CONGRESS,
Washington, D.C. AGE AT WHICH MINORS ARE TO BE CONSIDERED AS ADULTS FOR PURPOSES OF
PROSECUTION UNDER THE CRIMINAL LAW (FIRST FIGURE GIVEN); EXCEPTIONS. 1. Alabama
16. Juvenile court may waive jurisdiction of any child from 14 to 16, for any crime, to regular courts for trial as adult, in its discretion. 2. Alaska
18. Juvenile court may waive jurisdiction of any minor under 18 for any crime and he then may be tried as an adult in the regular courts. 3. Arizona
18. 4. Arkansas
18. Juvenile court, in its discretion, may transfer to regular courts, for trial as adults, any child under 18, accused of any crime. 5. California
21. Juvenile court may waive jurisdiction and transfer to regular courts, for trial as adult, all crimes of all minors age 16 to 21, in its discretion. 6. Colorado
18. From 16 to 18, Juvenile court may waive to regular courts, for trial as adults, all felonies of minors, in its discretion. Juvenile court has no jurisdiction of minor's crimes punishable by death or life term, where minor is between 16 and 18: they are tried as adults. 7. Connecticut
16. (or 18 where case transferred to juvenile court by regular court). 8. Delaware
Family Court for Kent and Sussex Counties : 18. This court has no jurisdiction over capital felonies of minors under 18; they are tried as adults. This court may waive jurisdiction of all crimes of minors age 16 to 18 to the regular courts for trial as adults.
Family Court for New Castle County : 18. The rest is same as above. 9. Florida
17; 16 for capital crimes ; 14 for other felonies in discretion of judge or upon demand of child and parents. 10. Georgia
17. Court, in its discretion, may transfer to regular court any criminal case involving child of 15 and older. 11. Hawaii
18. (juvenile court has concurrent jurisdiction with criminal court of minors from 18 to 20). Juvenile court may waive jurisdiction of child 16 or over in felony cases and of minors 18 or over where crime committed prior to 18. 12. Idaho
18; probate court may waive jurisdiction from 16 to 18 if a felony; pre-18 offenses after child reaches 18. 13. Illinois
17 for males, 18 for females. Juvenile court may waive jurisdiction of crimes of those 13 and over. 14. Indiana
18. Juvenile court may waive jurisdiction of crime of minors age 15 to 18. Juvenile court has no jurisdiction of crime of minors punishable by death or life terms. 15. Iowa
18. May be tried as an adult for indictable offenses when under 18 and Juvenile court may waive any criminal case of any child under 18 in its discretion. 16. Kansas
18. From 16 to 18 Juvenile court may waive jurisdiction if it concludes child is not amenable to treatment. 17. Kentucky
18. From 16 to 18 child, in felony case, may be waived to regular courts in discretion of Juvenile court (in murder and rape, child may be under 16).
17. (15 in cases of capital crimes and rape). 19. Maine
17 (Juvenile court may bind over to regular courts any indictable offense or try such case itself). 20. Maryland
18 (not including crimes punishable by death or life term). All crimes of juveniles are waivable to regular courts.
In Montgomery County, 18. From 16 to 18 Juvenile court may waive all offenses to the regular courts. Offenses punishable by death or life term not within jurisdiction of juvenile court. 21. Massachusetts
17. From 14 to 17 Juvenile court may waive jurisdiction and send child to regular courts for trial. 29. Michigan
17. From 15 to 17 Juvenile court may waive jurisdiction of any felony to the regular courts. 23. Minnesota
18. From 14 to 18 Juvenile court may waive all offenses to regular courts. 24. Mississippi
18. Juvenile court has no jurisdiction over capital and life term crimes, of juveniles at all ; it may waive felonies of children 13 to 18 to regular courts for trial. 25. Missouri
17. Juvenile court may waive to general courts felonies of minors age 14 to 17. 26. Montana
18. From 16 to 18, in certain serious felonies, minors may be prosecuted as adults in discretion of Juvenile court. 27. Nebraska
18. 28. Nevada
18. From 18 to 21 a minor may be prosecuted in Juvenile court (except in capital cases). From 16 to 18, in felony cases, child may be prosecuted in regular courts. 29. New Hampshire
17. All felonies of all minors may be waived to regular courts for trial as adults. 30. New Jersey
18. Juvenile court may waive to regular courts all offenses of minors 16 to 18 for trial as adults. 31. New Merico
18. 14 to 18, Juvenile court may waive felonies to regular courts. 32. Nero York
16. From 15 to 16 minor may be prosecuted as adult for crimes punishable by death or life term. 33. North Carolina
16. Juvenile court may waive to general courts felonies of children 14 to 16 16 which are punishable by not more than 10 years in prison. 34. North Dakota
18. Juvenile court may waive to regular courts any crime of minor aged 16 to 18 for trial as adult, in its discretion. 35. Ohio
18. In all felony cases Juvenile court may waive to regular courts for trial as adult any child under 18. 36. Oklahoma
16 for males, 18 for females. Juvenile court may waive to general courts any crime of any child under 16 (male) or 18 (female) for trial as adult, in its discretion. 37. Oregon
18. Juvenile court may waive to general courts all crimes of minors age 16 to 18 for trial as adult in its discretion. 38. Pennsylvania
18. Criminal charges against minors from 16 to 18 may be prosecuted in regular courts or transferred to Juvenile court, not including murder charges which must be tried in regular courts; or they may be transferred to Juvenile court in
discretion of court. Juvenile court may waive to general courts all offenses punishable by imprisonment in State penitentiary (except murder) charged to a minor aged 14 to 18, in its discretion. 39. Rhode Island
18. Juvenile court may waive to regular courts any indictable offense of minor aged 16 to 18 for trial as adult, in its discretion. 40. South Carolina
* 16 (in domestic relations courts), 17 (in Juvenile domestic relations courts). Excluded from Juvenile court jurisdiction are capital offenses and crimes punishable by life term. These courts may waive to regular court all crime of all minors in its discretion.
Greenville County : 16. All offenses of minors aged 14 to 16 may be waived to regular courts by Juvenile court in its discretion. Provision is made for trial in regular courts for trial as adult of serious crime of all minors, regardless of age (if over 7).
Greenwood County: 18. Provision is made for trial in regular courts for trial as adult of serious crimes of all minors. From 16 to 18 juvenile court may waive to regular courts all crimes of children, in its discretion. 41. South Dakota
18. All crimes of minors may be waived to regular courts for trial as adult. 42. Tennessee
18. Juvenile court may in its discretion waive to general courts for trial as adult any child of 16 to 18 who is charged with a felony. From 14 to 18 the Juvenile court must yield jurisdiction of murder, rape, robbery cases to regular courts for trial as adult. If child is under 14, in these cases, the juvenile may retain jurisdiction. 43. Teras
10 through 17 (females), 10 through 16 (males).
As to child 15 or over who commits a felony, Juvenile court may in its discretion waive jurisdiction to regular courts for trial as adult. 44. Utah
18. Juvenile court may in its discretion waive jurisdiction of felonies of minors from 14 to 18 for trial as adult. 45. Vermont
16. However, regular courts may send case of child of 16 to 18 to the Juvenile courts for trial. 46. Virginia
18. From 14 to 18, in offense punishable by penitentiary term, Juvenile court may, in its discretion, waive jurisdiction to regular courts for trial as adult. For capital offenses and serious felonies, all minors up to 18 may, in discretion of district attorney, be prosecutable in regular courts as adults. For misdemeanors of minors of 14 to 18, such persons may be tried as adults in discretion of juvenile court. 47. Washington
18. Juvenile court may waive jurisdiction of any crime of child under 18 to regular courts for trial as adult, in its discretion. 48. West Virginia
18. Juvenile curt may, in its discretion, waive to regular courts any crime of any minor age 16 to 18, for trial as adult. 49. Wisconsin
18. From 16 to 18 Jurenile court may waive jurisdiction any crime of child to regular courts for trial as adult, in its discretion. 50. Wyoming
*This figure applies only to those counties of South Carolina with population of between 60,000 and 70,000; the domestic relations courts are in counties with a city of over 70,000 population, and the juvenile domestic relations courts are in counties with a population of from 60,000 to 70,000, both as of the 1940 census,
Ais to remaining counties age of criminal majority only will be given. Lancaster County: 18. Lexington County : 18. Orangeburg County : 17. Anderson County : 17.
[From the Wheeling Intelligencer, Feb. 12, 1970)
GIVING BALLOT TO 18-YEAR-OLDS MIGHT ADD TO STABILITY
Committee hearings are scheduled to open on February 16 on a proposed Constitutional Amendment which would lower the voting age in national elections from 21 to 18 years.
West Virginia's Senator Randolph, chief sponsor of the proposal, says he believes he has the necessary votes to pass it. This would seem to be a safe assumption inasmuch as the Senator has 67 co-sponsors back of him.
Here is one proposition which, it would seem, should receive prompt congressional approval-not in reaction to the popular chant to the effect that if a man is old enough to fight at 18 he is old enough to vote, but in recognition of the fact that, insofar as years are concerned, today's young men and women are sufficiently mature at age 18 to function as full-fledged citizens.
There is nothing magic about age 21 as the dividing line between childhood and adulthood. Any voting age is arbitrary and at best can be determined for practicable political purposes only by observation. But if 21 looked like a likely point of departure at the time it was adopted originally, the case for 18 years is equally valid today. Assuredly today's average 18-year-old is better informed and better equipped intellectually, if not emotionally, to assume the full duties of citizenship than his grandfather was at the same age.
Adding the votes of 18-year-olds to the election tally probably wouldn't alter election results, but it should tend to impress more of these young people with a sense of responsibility.
(From the Martinsburg Journal, Aug. 16, 1969]
18-YEAR-OLD VOTE NEEDED Senator Jennings Randolph is pushing a measure which would ultimately result in granting voting privileges to all persons 18 years of age and older throughout the nation.
A recent report states he now has some 70 members of the Senate in support of a resolution which, if passed, would officially propose a constitutional amendment to this effect.
We are all in favor of granting the vote to these young people. The argument has long been that if they are old enough to be required to bear arms for their country, they are old enough to vote.
This, of course, is true but it goes much deeper than that. Today's person of 18 is usually more mature and better educated than the young person of 21 of a generation or so ago.
Our system of education has been advanced to the point that the 18-year-old has a better idea of local, national and world affairs than his father or grandfather had at 21.
The right to vote is also a responsibility and the youth of today is clamoring for more of the action." Granting him the franchise would certainly be one of the most effective methods of cutting him in on helping to run the world.
Senator RANDOLPH. Mr. Chairman, as I talk about the voting age of 21, and the urgent need to lower it to 18, I read briefly from an editorial in the Intelligencer, the morning newspaper published in Wheeling, W. Va. This editorial appeared in the issue of February 12. It is entitled “Grown Up, Giving Ballot to 18-Year-Olds Might Add To Stability.” I quote:
There is nothing magic about age 21 as the dividing line between childhood and adulthood. Any voting age is arbitrary and at best can be determined for practicable political purposes only by observation. But, if 21 looked like a likely point of departure at the time it was adopted originally, the case for 18 years is equally valid today. Assuredly today's average 18 year-old is better informed and better equipped intellectually, if not emotionally, to assume the full duties of citizenship than his grandfather was at the same age."
Adding to the quote, these 18-year-olds will probably not change the tally of election results, but I ask you to listen to these words: “But it should tend to impress more of these young people with a sense of responsibility." I believe the editorial is correct.
America is a changing society. It certainly is not static. Our progress justifies the change that I advocate earnestly here this morning. America today is on the move by means of surface travel and by air. We are a mobile society. World happenings and activities are at our fingertips in seconds through radio and television and the news media. We have immediate communication with friends, neighbors, business associates and family by the telephone and other means.
This is a changed and challenging country and world. The young people are aware of the world around them and are familiar with the issues that are before the President, Members of the Congress, and other government officials. In many cases I think they have a clear view because it has not become clouded through time and involvement. They can be likened to outside consultants called in, Mr. Chairman, to take a fresh look. But even more than to take a fresh look, to participate with this franchise which is not just a ballot, but is a franchise of freedom. I think that 18 is the logical voting age in America. It signals the end and the beginning of many tasks. It is the completion of what we know as the formal educational process for millions of young people. There is logic for 18-year-olds voting.
There is no disputing the statement that America is her people. We are only as powerful and as progressive and as purposeful as we make ourselves. The youth of America I think are doing their share, and we can be proud of their accomplishments.
Most political campaigns, as you gentlemen know, could not get off the ground perhaps as strongly as they do today without the support and help in man-hours of youth.
Summer camps and Federal and State recreation areas would not be able to function in a manner responding to the demands of Americans without the input of youth during these summer weeks.
What of VISTA? What of the Peace Corps ? What of other programs and projects in which our young people have been involved as effective participants ?
Mr. Chairman, as I conclude I call your attention to two very significant studies. The first was the 22 Member House Task Force headed by Representative William Brock, 3d, of Tennessee, which conducted a study and survey of the situation on college campuses of America. Among the recommendations these 22 Members made to the President of the United States, was one that advocated that the voting age be lowered to 18. The report strongly recommends lowering the voting age to permitactive involvement in the political process which can constructively focus youthful idealism on the most effective means of change in a free society.
Mr. Chairman, the National Commission on the Causes and Prevention of Violence, on which one of today's witnesses, Dr. W. Walter Menninger, served, has recommended that the voting age be lowered to 18 through constitutional amendment.