New York to Try Again to ‘Raise the Age’

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New York state 16- and 17-year-olds go to adult court, a practice nearly unique to the state. But that may change, as the New York legislature is expected to take another look at proposals to raise the age of criminal responsibility. “New York State is one of two states that automatically tries 16- and 17-year-olds as adults no matter what crime they commit … That’s what we’re trying to change,” said Angelo Pinto, the Raise the Age Campaign manager at the Correctional Association of New York, a progressive nonprofit. CA points to studies that say putting minors through some sort of youth-specific adjudication reduces the chances they will re-appear in court.  By contrast, putting them in the adult system makes them more violent. But getting a new law is “not a slam dunk by any means,” said state Assemblyman Joseph Lentol (D-Brooklyn), sponsor of two age-of-responsibility bills this year.

Laws Sending Kids to Adult Court at Issue in New Jersey High Court

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Tuesday, the New Jersey Supreme Court considered the constitutionality of the state’s so-called juvenile waiver laws – a series of rulings that effectively allow county persecutors, and not state judges, to determine whether juvenile cases should be moved to adult courts. Currently, minors as young as 16 accused of a violent offense, such as homicide or aggravated assault, can be transferred to adult court under the state’s waiver laws, according to New Jersey’s The Record. More than 20 local and national organizations, including the American Civil Liberties Union and the state’s Public Defender’s Office, have challenged New Jersey’s juvenile waiver laws, with many arguing that the regulations – which give judges limited ability to deny prosecutor requests for moving cases to adult courts – are unconstitutional. As the laws are written today, unless a defense attorney can demonstrate a prosecutor’s request that a juvenile be transferred to an adult court is a “patent abuse of discretion,” the presiding juvenile court judge is bound by law to grant the request, The Record reports. Tuesday’s hearing centers on a 2009 Middlesex County mugging involving several juveniles – a case in which the trial judge challenged the prosecuting attorney’s request to move the case to adult court.

States Reconsider Laws That Force Kids Into the Adult Justice System

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A new study by the Campaign for Youth Justice reports that states across the country are reversing legislation that is pushing 250,000 kids a year into the adult justice system. Following a spike in juvenile crime in the 1980’s and 1990’s, many states began lowering the age that children could be prosecuted as an adult.  According to the study, incarcerating youth in adult prisons, “puts them at higher risk of abuse, injury, and death while they are in the system, and makes it more likely that they will reoffend once they get out.”

Fifteen states have already completed the changes necessary to put fewer kids in adult prisons and nine more have legislation in the works.  Georgia (along with Colorado, Texas and Washington) has updated its mandatory minimum sentencing laws for juveniles. However, Georgia is still holding on to a law that automatically transfers children aged 13 and older who commit one of the “seven deadly sins” to adult court.  Offenses include murder, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery,  voluntary manslaughter and armed robbery with a firearm.