San Jose Mayor Matt Mahan this week took aim at California\u2019s juvenile criminal laws, saying they \u201cmake it easier for gangs to use children as weapons.\u201d<\/p>\n
\u201cOver the last several years, we\u2019ve watched something deeply troubling unfold in our city: Kids\u2014some as young as 12, 13 years old\u2014are being pulled into violent crimes by adults who know exactly how to exploit our system,\u201d the mayor wrote in his email newsletter published Sunday. He said nearly one-third of all gang-related crimes in San Jose are committed by juveniles under 18.<\/p>\n
\u201cWhen a 15- or 16-year-old is being manipulated by an older gang member, we can\u2019t ask them to identify the adult, we can\u2019t stop the recruitment and we can\u2019t stop the cycle,\u201d Mahan wrote. \u201cIt\u2019s a loophole that gangs understand better than most lawmakers.\u201d<\/p>\n
He called on the state Legislature to act to close this kind of loophole in California\u2019s juvenile justice system.<\/p>\n
The mayor\u2019s newsletter comments on Dec. 7 came nine days after a shooting, allegedly by a 17-year-old, at Westfield Valley Fair shopping mall that wounded three people, sent hundreds of terrified Black Friday shoppers running for cover and shut down one of the state\u2019s biggest shopping centers for hours.<\/p>\n
The case of the suspect in that shooting is being handled in the county\u2019s juvenile court, and District Attorney Jeff Rosen is seeking to have it moved to Superior Court, where adult laws apply.<\/p>\n
\u201cTransfer to adult court requires proving a young person is beyond rehabilitation, which is an almost impossible standard to meet\u2014even in homicide cases,\u201d Mahan wrote today. \u201cIf they\u2019re 13, and committed a serious crime, they may not enter a secure facility at all.<\/p>\n
\u201cWe saw that when a 13-year-old stabbed and killed a 15-year-old at Santana Row over Valentine\u2019s Day weekend this year,\u201d he said. \u201cI hope we don\u2019t see that again for the 17 year-old who shot three people and terrorized thousands last weekend on Black Friday at Valley Fair.\u201d<\/p>\n
In his newsletter, the mayor complained that \u201ca juvenile under 18 cannot even waive their Miranda rights or speak with law enforcement unless an attorney signs off first \u2013 and predictably, attorneys always advise them to stay silent.\u201d<\/p>\n
He also charged that California has \u201ca sentencing structure for juveniles that is vague, inconsistent and capped in ways that don\u2019t match the seriousness of the crimes we\u2019re seeing.\u201d<\/p>\n
The mayor said state legislators need to approve \u201ctargeted, common-sense reforms:<\/p>\n
Increase penalties for adults who recruit minors to commit crimes.
\nAllow officers to Mirandize juveniles\u2014with an adult guardian present\u2014so we can actually identify who is manipulating them.
\nModernize juvenile sentencing so the most serious, violent offenders can be held longer and get real rehabilitation\u2014not a revolving door.\u201d<\/p>\n
Mahan also wrote that there are things that a community can do to reduce gang influence and teen crimes.<\/p>\n
\u201cWe need to protect our kids by making sure they have role models, afterschool programming and something productive to do on weekends and summers,\u201d he said.<\/p>\n
He singled out the San Jos\u00e9 Youth Empowerment Alliance, which focuses on community-based programming and city-based intervention and neighborhood services.<\/p>\n
He also noted that San Jose partnered with the San Jose Quakes to put on a pilot program called Saturday Night Lights, which provided soccer coaching to kids at two East Side schools. He said the Quakes program produced \u201creal results\u2014100% of 8th grade Futsal participants were promoted to high school, including four students who were at-risk of being held back, and school attendance went up 30% for program participants.\u201d<\/p>\n
He said he would seek an expansion of the Saturday Night Lights program in 2026, as well as the Bay Area Women\u2019s Sports Initiative, \u201cwhich harnesses the power of sports to reach young women and students with disabilities, and empower them to develop their leadership and life skills.\u201d<\/p>\n
He praised the Sharks organization for programs to help the community, including Reading is Cool, Stick to Fitness and afterschool hockey clinics and training sessions.<\/p>\n
\u201cWe need more partners like the Sharks and Earthquakes to join us in expanding programming for our young people so there are always safe alternatives to the streets where kids can belong and thrive,\u201d Mahan said.<\/p>\n
\u201cOur young people deserve better than being thrown into a justice system that isn\u2019t built to protect them\u2014and far better than being used as pawns by people who see them as disposable,\u201d he said. \u201cWe need to do better for them and for the future of our city, our state and our country.\u201d<\/p>\n