Editorial:

Juvenile or adult? Armstrong trial forces difficult decision

Copyright © 2005 Blethen Maine Newspapers Inc.

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State prosecutors and Judge Charles C. LaVerdiere are facing one of the most difficult questions that can be presented in court.

Should Patrick Armstrong be tried as a juvenile or as an adult?

Armstrong has been charged with murder for allegedly killing Marlee Johnston. She was 14. So is he.

There would be no issue if Armstrong were 18; the question would be easier if he were 17 or even 16. There is ample precedent for dealing with older teenagers as adults, especially if they have a history of trouble with the law.

Most of the time there should be no question when a 14-year-old is charged with a crime. Fourteen-year-olds are children, far too young to be treated legally as adults.

But that is most of the time, not always, and that is what makes the Armstrong case so difficult.

Armstrong has been charged with, not convicted of, the murder. He is in custody while the investigation continues.

If tried and convicted as a juvenile, Armstrong would be placed in a juvenile detention facility until he is 21 years old.

If convicted as an adult, he could face a sentence of 25 years to life in prison.

The question is whether this case should be an exception to what has long been the practice in Maine, where no 14-year-old has ever been charged as an adult in a murder case.

Some might argue that treating Armstrong as a juvenile would not result in sufficient punishment.

In one sense, they are clearly right. Seven years' confinement is not a fair exchange for the life of Marlee Johnston.

Nothing society can do is a fair exchange for what was done to Marlee, whom all describe as vibrant, joyful, caring and kind. Nothing can return her to her family and friends or replace the life she would have lived.

That would be equally true if her killer were imprisoned for the rest of his life.

The right answer balances many needs: the need for society to be protected from people of any age who pose a danger, the need to punish the guilty, the need to rehabilitate those who commit crimes.

The juvenile justice system is based on the theory that children who commit even the worst crimes can grow into productive adults. That is clearly more true of younger lawbreakers than older ones.

Considering his age, even if he is convicted as an adult, Armstrong is very likely to be released from prison while still a young man. That would make treatment and rehabilitation at least as important as punishment. That treatment is more likely at a juvenile detention facility than at a state prison.

It is difficult to look past the anger and grief we all feel at Marlee Johnston's death, to move beyond the need for vengeance, but the prosecutors and judge who deal with this case must do so.

We recognize that not all the facts of this case have been disclosed. It is unlikely, but possible, that prosecutors will find information or evidence that would argue against keeping the case in juvenile court.

Those unlikely circumstances would have to be compelling to overcome the fact that Patrick Armstrong is a boy, not a man.