Following its July 2017 resolution urging a shift in how juvenile probationers are supervised, the National Council of Juvenile and Family Court Judges recently issued its blueprint for how judges and probation officers help make that happen.
Unless accused of criminally negligent homicide, no child younger than 12 could be legally arrested, detained or brought before a judge, according to legislation New York Gov. Andrew Cuomo appears poised to sign. Approved by the state’s legislature, the bill undoes a 1909 law allowing the arrests of kids as young as 7.
“Move the bodies.” That’s what a defense lawyer recently overheard an employee in juvenile court say, as if the young people being brought into the courtroom for the next hearing were animals to be herded. The dehumanizing of young people involved in the criminal legal system is common, unfortunately. Those comments, and the attitudes underlying them, can have detrimental effects on youth who hear themselves spoken about with bias, disapproval and disrespect.
On Oct. 1, the first phase of a New York state law known as “Raise the Age” took effect, meaning 16-year-olds can no longer be arrested or tried as adults. A year from now, the law will extend to 17-year-olds as well.
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.