Defending New York's 'Raise the Age' Law: An Expert's Perspective

The Rationale Behind 'Raise the Age'

• 💡 The original intent of the juvenile court, established in the late 1800s, was to separate children from adults in the justice system, recognizing that children are qualitatively different.
• 🧠 Decades of research confirm that adolescents are less mature, more susceptible to peer influence, and more future-oriented than adults, justifying different treatment.
• ⚖️ Historically, New York was one of only two states that automatically tried 16 and 17-year-olds as adults, a practice now largely abandoned.

How 'Raise the Age' Works in Practice

• 🚫 Under the 'Raise the Age' law, 16 and 17-year-olds are no longer automatically sent to Rikers Island or adult jails.
• 👨‍⚖️ Misdemeanors for this age group are handled in family court, while felonies are processed in a specialized youth part within criminal court.
• ⚠️ For violent felonies involving significant injury, deadly weapons, or sexual offenses, cases remain in adult court, meaning many serious cases still involve older teens being tried as adults.

Addressing Concerns About Rising Gun Violence

• 📉 The claim that 'Raise the Age' has caused an increase in gun violence is flawed, as the percentage of felony arrests involving under-18s has slightly decreased since the law's implementation.
• 🔫 Increases in gun violence are more likely attributable to sociological factors like the pandemic's impact, school closures, and the proliferation of guns, rather than the 'Raise the Age' law itself.
• 🎯 Those accused of violent felonies, including gun offenses, continue to be tried as adults under the current 'Raise the Age' framework.

The Issue of Unfunded Mandates

• 💰 A significant concern is the lack of allocated funding for youth violence prevention programs, particularly in New York City, despite state-level allocations for other counties.
• 🏦 Approximately $1 billion in state funds remains unallocated, which could be used to support programs aimed at preventing young people from engaging in crime.
• 💡 The argument is made that these resources should be utilized to help young people before they commit crimes, rather than solely focusing on punishment after arrest.

Reforming the System Responsibly

• 🧩 Proposals to lower the age back to 16 or 17 would have no impact on 13, 14, and 15-year-olds, who were already in juvenile court.
• 🤝 The focus should be on robust programs and resources for at-risk youth, drawing from successful models that provide life coaches and resourced life plans.
• 🗣️ Discussions about potential changes to the law should occur through open legislative debate, not as backdoor deals during budget processes.