of these children develop criminal records for behavior that more affluent children engage in with impunity.
Forced back to South Central, blocks from where his brother was murdered, Antonio struggled. A court later found that “[l]iving just blocks from where he was shot and his brother was killed, Nuñez suffered trauma symptoms, including flashbacks, an urgent need to avoid the area, a heightened awareness of potential threats, and an intensified need to protect himself from real or perceived threats.” He got his hands on a gun for self-defense but was quickly arrested for it and placed in a juvenile camp where supervisors reported that he eagerly participated in and positively responded to the structured environment and guidance of staff members.
After returning from the camp, Antonio was invited to a party where two men twice Antonio’s age told him that they were planning to fake a kidnapping to get money from a relative who would pay the ransom. They insisted that Antonio join them. Fourteen-year-old Antonio got in a car with the men to pick up the ransom money. The pretend victim sat in the backseat, while Juan Perez drove and Antonio sat in the passenger seat. Before they arrived at their Orange County destination to retrieve the money, they found themselves being followed—and then chased—by two Latino men in a gray van. At some point, Perez and the other man gave Antonio a gun and told him to shoot at the van, and a dangerous high-speed shoot-out unfolded. The men chasing them were undercover police officers—but Antonio didn’t know that when he fired. When a marked police car joined the pursuit, Antonio dropped the gun just before the car crashed into some trees. No one was injured, but Antonio and Perez were charged with aggravated kidnapping and attempted murder of the police officers.
Antonio and his twenty-seven-year-old co-defendant were tried together in a joint trial, and both were found guilty. Under California law, a juvenile has to be at least sixteen to be sentenced to life imprisonment without parole for murder. But there is no minimum age for kidnapping, so the Orange County judge sentenced Antonio to imprisonment until death, asserting that he was a dangerous gang member who could never change or be rehabilitated, despite his difficult background and the absence of any significant criminal history. The judge sent him to California’s dangerous, overcrowded adult prisons. At fourteen, Antonio became the youngest person in the United States condemned to die in prison for a crime in which no one was physically injured.
Most adults convicted of the kinds of crimes with which Trina, Ian, and Antonio were charged are not sentenced to life imprisonment without parole. In the federal system, adults who unintentionally commit arson-murder where more than one person is killed usually receive sentences that permit release in less than twenty-five years. Many adults convicted of attempted murder in Florida serve less than ten years in prison. Gun violence with no reported injuries frequently result in sentences of less than ten years for adult defendants, even in this era of harsh punishments.
Children who commit serious crimes long have been vulnerable to adult prosecution and punishment in many states, but the development of juvenile justice systems has meant that most child offenders were sent to juvenile detention facilities. Juvenile justice systems vary across the United States, but most states would have kept Trina, Ian, or Antonio in juvenile custody until they turned eighteen or twenty-one. At most, they might have stayed in custody until age twenty-five or older, if their institutional history or juvenile detention record suggested that they were still a threat to public safety.
In an earlier era, if you were thirteen or fourteen when you committed a crime, you would find yourself in the adult system with a lengthy sentence only if the crime was unusually high-profile—or committed by a black child against a white person in the South. For instance, in the infamous Scottsboro Boys case in the 1930s, two of the defendants, Roy Wright and Eugene Williams, were just thirteen years old when they were wrongfully convicted of rape and sentenced to death in Alabama.
In another signature case of juvenile prosecution, George Stinney, a fourteen-year-old black boy, was executed by the State of South Carolina on June 16, 1944. Three months earlier, two young white girls who lived nearby in Alcolu, a small mill town where the races were separated by railroad tracks, had gone out to pick flowers and never returned home. Scores of people across the