needs, and successful reintegration of youth into the community.

If it is widely recognized that juvenile offenders have a lower level of responsibility for their offenses and are far more likely than adults to be successfully rehabilitated, it is reasonable to wonder why so many defendants in the adult justice system are thirteen years old or even younger. The answers may lie in both racial injustice and poverty.

Black and Hispanic youth are grossly over-represented in being charged as adults and receiving long prison sentences, including life without parole. One possible reason for this may be that these youth come to the attention of the justice system at an early age for behavior that may be taken lightly when committed by white youths. If a Black or Hispanic juvenile has any prior history of criminal behavior or violence, whether fairly or not, he or she is far more likely to be prosecuted for more serious crimes as an adult.

Wrongful convictions of children charged and tried as adults can happen for several reasons. As a child, the accused is far less likely to be aware of his rights under the law, such as the right to remain silent and to request a lawyer. While they may hear the standard Miranda warning informing them of these rights when they are arrested, it is highly probable that these young people do not understand these rights fully. They are likely to be easily intimidated by the police and frightened into making incriminating statements. They may be worn down by interrogations and make false confessions to simply bring the interrogation to an end. If they are charged and tried, it may be far more difficult for them to assist in their own defense at trial because of a lack of maturity and knowledge.

Poverty may also be a contributing factor to wrongful convictions or overly harsh sentences of children. Children of higher economic status have more access to highly skilled attorneys who are able to provide adequate attention to their cases. Poor children are far more likely to be assigned a public defender. While many public defenders are talented lawyers who serve in their roles because of their belief in the need for the poor to have a high-quality defense, they are often overworked and underpaid. A public defender is far more likely than a private attorney to have an overwhelming caseload, leading to less attention for each client. Public defenders also do not have the investigatory resources that private attorneys may be able to pay for.

Attorneys like Bryan Stevenson of Just Mercy and those who work for various Innocence Projects and Conviction Integrity Units around the country are seeking to right some of the wrongs inflicted by the justice system disproportionately to children of color or poverty. Wrongful convictions occur for many reasons, but the charging of children as adults is one that could be quickly remedied.