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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

“Raise the Age” Bill Would Stop Treatment of 16 and 17 Year Olds as Adults in the Justice System

New York remains one of only two states that have not yet increased the age of criminal responsibility to 18. However, a new bill backed by Mayor DeBlasio and New York City top law enforcement officials could change that. The proposed “Raise the Age” legislation, if passed, would cease treating 16 and 17 year olds as adults in the criminal justice system.

Opponents to the bill have expressed that they are concerned that the bill sends the wrong message and the crime will increase. They point out that “some of the most heinous crimes are committed by 16 and 17 year olds.” In New York in 2014, out of 30,286 crimes committed by 16 and 17 year olds, 22,200 were misdemeanors and 4,160 were non-violent felonies.

New York remains one of only two states that have not yet increased the age of criminal responsibility to 18. However, a new bill backed by Mayor DeBlasio and New York City top law enforcement officials could change that. The proposed “Raise the Age” legislation, if passed, would cease treating 16 and 17 year olds as adults in the criminal justice system.

Opponents to the bill have expressed that they are concerned that the bill sends the wrong message and the crime will increase. They point out that “some of the most heinous crimes are committed by 16 and 17 year olds.” In New York in 2014, out of 30,286 crimes committed by 16 and 17 year olds, 22,200 were misdemeanors and 4,160 were non-violent felonies.

Proponents argue that raising the age to 18 lowers the rate of suicide and recidivism in the juvenile justice system by allowing juvenile offenders the opportunity to be rehabilitated. Those in favor of the proposed bill also cite recently discovered scientific evidence that evidences that the portions of the brain concerning judgment-making are not fully developed until a person reaches their mid-20’s. Teens are therefore more susceptible to peer influence for this reason, and do not possess the self-regulation capacities, the ability to delay gratification, or the decision-making abilities of adults. Thus, lawmakers argue that 16 and 17 year olds should not be held as culpable as adults since they do not have the same faculties as their brains are still developing.

The proposal also includes effective program models for rehabilitation of juvenile offenders. By using programs such as Functional Family Therapy, Cognitive Behavioral Therapy, Brief Strategic Family Therapy, Aggression Replacement Training, mediation, community service, substance abuse treatment and mentoring, risk factors can be identified in the juvenile offender’s life and dealt with accordingly.

If you have been charged with a criminal offense, you have a right to consult with an attorney immediately to ensure that your rights are protected. Contact the criminal defense attorneys at the Law Office of McGuire & Pelaez, P.C. today at (631) 348-1702.

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