In many US states, 16 and 17 year old adolescents are too young to vote, buy a lotto ticket, drink alcohol, smoke, join the military or even go to a tanning booth without adult supervision. However, in New York, before the recent passage of Gov. Andrew Cuomo’s 2017 budget, they were old enough to get charged in criminal courts as adults. Moreover, children as young as 13 and 15 were, in some special circumstances, charged in adult criminal courts for delinquent acts.
Criminal defense lawyers disapprove of charging teens as adults, for reasons you’ll see below.
The Facts on Teenage Prosecution and Incarceration in New York
Before April 2017, New York was one of two states in the country that still prosecuted 16 and 17 year olds as adults. The other is North Carolina. How did this policy play out in criminal courts in New York?
- Close to 28,000 children between the ages of 16 and 17 were arrested and faced prosecution in adult courts every year, 72 percent of whom faced adult criminal prosecution for misdemeanors such as shoplifting. Of those who were ultimately incarcerated, 80 percent were black and Latino.
- Over 600 children between age 13 and 15 were processed in adult criminal courts
The result? Many of these children had criminal records even before they completed high school, severely impacting their chances of entering college, getting a job or even getting a mortgage.
HAS TREATING JUVENILES AS ADULTS BEEN SUCCESSFUL?
Absolutely not. In fact, it may have made things worse and jeopardized public safety.
The goal of the juvenile system is very different from that of the adult system. While the juvenile system aims to rehabilitate delinquents, the adult system leans more toward punishment. Therefore, minors incarcerated in facilities for adults are more prone to physical and psychological abuse.
Studies show that:
- Upon release, minors incarcerated as adults were 34 percent more likely to be rearrested for violent crimes as compared to those retained in juvenile facilities.
- An estimated 80 percent of youth from adult prisons committed another offense after release, often more serious offenses.
- Minors in adult prisons were two times more likely to be assaulted by prison staff as compared to children retained in juvenile systems. They also face a higher risk of sexual assault.
- Minors in adult prisons lack age-appropriate resources for rehabilitation.
What Science Tells Us About Adolescent Incarcerations
Brain development researchers have reported that the brain does not develop fully until age 25. Therefore, adolescents are still children.
Research has also shown that the cognitive skills of teens are not fully mature. They are not fully capable of processing the consequences of their actions. This explains teens’ penchant for impulsive behavior
Why the Juvenile System is Much Better Than the Adult Criminal Courts
The juvenile system is built around rehabilitation. Instead of a prison sentence, a young person can be ordered into counseling, supervision, education, or other services aimed at the reasons the behavior happened. Adult court is built around punishment and offers far fewer of those options.
The long-term consequences also differ. An adult criminal conviction can follow a young person into college applications, job searches, and housing for years. Juvenile delinquency cases are treated differently from adult convictions, so one mistake is less likely to define the rest of a young person’s life.
New York’s Raise the Age law reflects that thinking. It moved most cases involving 16- and 17-year-olds out of the traditional adult courts, with serious felony cases heard in a specialized Youth Part where a judge can send a case to Family Court in appropriate circumstances.
The Way Forward
New York’s Raise the Age law, passed as part of the 2017 state budget, raised the age of criminal responsibility to 18. The change was phased in: 16-year-olds were covered starting October 1, 2018, and 17-year-olds starting October 1, 2019. Today, most cases involving 16- and 17-year-olds are handled in Family Court or in a specialized Youth Part rather than in the traditional adult criminal courts.
If you or your child has been accused of a crime, contact the criminal defense attorneys at Ianniello Anderson, P.C. today to better understand your rights.
This article provides general information about New York criminal law and is not legal advice. For guidance on your specific situation, contact our criminal defense attorneys.