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Results for juvenile court transfer (new york)

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Author: Schuyler Center for Analysis and Advocacy

Title: Raising the Juvenile Justice Jurisdictional Age: Treating Kids as Kids in New York State's Justice System

Summary: New York and North Carolina are the only two states that treat children as young as 16 years of age as adults in the criminal justice system. Most states follow the federal Juvenile Justice Delinquency Prevention Act, which suggests that the juvenile court jurisdiction’s upper age limit be any time before their 18th birthday. In New York State, anyone age 16 or older who commits a crime is sent to the adult criminal justice system, no matter the charge. Despite the fact that 74.4% of crimes committed by 16- and 17-year-olds are misdemeanors, all of these youth go through the adult system. New York’s Family Court Act set the juvenile justice jurisdictional age of 7 to 15 in 1962 as a temporary measure for further study. That temporary agreement has now been in effect for 50 years. The difference between the juvenile system and adult system is philosophy—mainly, rehabilitation versus punishment. The juvenile justice system focuses on the child or youth and offers an opportunity for rehabilitation. The adult criminal system focuses on what the offense warrants in terms of punishment. New York State is one of only two states that has not raised the age of the juvenile courts’ jurisdiction. Research demonstrates that the adult system is not appropriate for 16- and 17-year-olds who are still developing cognitively. These youth and the public are better served by raising the age of the juvenile court’s jurisdiction to include youth up to their 18th birthday.

Details: Albany, NY: Schuyler Center for Analysis and Advocacy, 2012. 5p.

Source: Policy Brief: Internet Resource: Accessed November 3, 2012 at http://www.scaany.org/documents/scaabrief_raisetheage_march2012_000.pdf

Year: 2012

Country: United States

URL: http://www.scaany.org/documents/scaabrief_raisetheage_march2012_000.pdf

Shelf Number: 126867

Keywords:
Juvenile Court Transfer (New York)
Juvenile Justice (New York)
Juvenile Offenders
Waiver (of Juvenile Court Jurisdiction)