Amenability

In New Mexico, a youthful offender faces a crossroads, as determined by the judge in their case: are they amenable to treatment or services that will teach them a lesson about how they have been on the wrong path and correct it, or aren’t they?

This decision is required for all offenses from shoplifting, truancy, rape and even up to second degree murder. Only first-degree murderous juveniles can be sentenced as adults without asking about, or seeking amenability first.

Ultimately, it is a question about rehabilitation and recidivism. Can they be rehabilitated? Can they be taught the error of their ways? Can you instill contrition?

Everyone wants to believe that even a teenage murderer can turn their life around. We must believe this to be true, otherwise our society has failed. Our institutions collapse. Our decency erodes.

The sad truth is that society has already failed children who commit murder. They were led down the wrong path, and each of us they encounter along the way failed to help them before they took a life. So, we scramble to claw back some semblance of civility, to mask our previous failures.

Ironically, this devolves the situation faster, creating more victims by “saving” juvenile offenders from accountability early on that might have taught them the difference between right and wrong when it was stealing a toy, not stealing a gun.

As a personal example, this amenability question for the children who broke into our store and stole firearms, obviously with ill-intent, will soon mean the difference between two years or 23 years. If they are convicted at all…

Will two years teach a couple of those kids a lesson? Hopefully. Are some of them too far gone to notice anything other than a 23-year sentence? Probably. Are both a failure? Absolutely.

One of the Young Park shooters was sentenced two weeks ago. For three counts of first-degree murder, he received three life-sentences, which in New Mexico means a 90-year sentence in prison. But because of his age, he is automatically entitled to a parole hearing in 25 years.

Twenty-five years in exchange for three lives. Of course, the entire community is grateful for a conviction and that these children will not continue to terrorize our city, but isn’t the life of everyone’s loved ones worth more than 8-1/3 years?

This is nothing new. I probably would not have written about it because our community is becoming calloused to this reality we find ourselves in. So, what prompted this article? There was a camera allowed in the courtroom when the Young Park shooter was sentenced. It captured his response as he was led out of the room, mere minutes into his 90-year sentence.

Our society would immediately expect a child afraid for his future, scared, alone, remorseful. Our society would be wrong. The killer turned to the audience and smiled wryly. In that moment, was he incapable of understanding his fate? No, that would also be what our society would say to reconcile his response. In reality, he was proud. Proud. I will leave that right here. Proud.

We aren’t doing these juvenile delinquents any favors by sparing them consequences of early transgressions. Amenable – it means agreeable, but it also means submissive. Our society and our laws intended to make juvenile amenability a means for them to agree to treatment to set them straight.

But instead, it only frees them up sooner to be submissive to nefarious forces that would seek to drive them deeper into violence. It is obvious, and yet, we continue to allow it. In the name of our own humanity, ironically, we serve it up enthusiastically.

Shawna Pfeiffer is a life-long Dona Ana County Resident, graduate of NMSU, small business owner, hobby farmer, dog-lover, outdoor enthusiast and mother to two young children. She can be reached at srpfeiffer1@gmail.com.