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A Rehabilitative Approach To Juvenile Cases

NASSAU, BAHAMAS – Running away from home or disorderly behavior are currently treated as criminal offenses, but one senior associate attorney says matters like these should be treated as child welfare issues.

Published

12 months ago

December 9, 2024

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NASSAU, BAHAMAS – There are unique offenses that apply specifically to juvenile cases. As it stands, running away from home or disorderly behavior are treated as criminal offenses, but according to senior associate attorney at Bostwick and Bostwick, Tavarrie Smith, matters like these should be treated as child welfare issues and not criminal cases. Smith believes this will prompt better results.

Tavarrie Smith – Senior Associate Attorney, Bostwick and Bostwick
“We start to get a better rehabilitative approach, and they are not treated as sentences or offenses that draw a sentence, that draw a lock-up, that draw attention. I think that’s one of the main distinctions that we need to push forward.”

Smith says this move will benefit The Bahamas. With juvenile courts being considered specialty courts, the senior associate says the sentencing for juveniles should not be immediate detention, but restorative. Smith believes programs should be created to address specific offenses.

Tavarrie Smith – Senior Associate Attorney, Bostwick and Bostwick
“For example, if you find a young person who is being charged with possession of marijuana or using marijuana, that sentence ought to be a custodial program, so you’re sentenced to complete drug rehabilitation as opposed to time in jail. We do it for our adults, so we definitely ought to do it for our children. If it’s a child charged with fighting, assault, or something of that issue, usually, we know that there is some anger management issue involved, so sentence the child to an anger management program.”

However, Smith says juvenile judges face a specific challenge.

Tavarrie Smith – Senior Associate Attorney, Bostwick and Bostwick
“I think the challenge we have in The Bahamas is we don’t have enough programs or resources available to our judges to put our young people into. So our judges are often left with no other option but detention or lock-up in most cases.”