A proposal that would effectively raise New York's age of criminal responsibility from 16 to 18, bringing the state in line with almost every other state in the country, is one step closer to becoming law. The state's chief judge, Jonathan Lippman, formally submitted legislation last week that would create a special court to handle non-violent criminal cases against 16- and 17-year-olds. He first announced the initiative in February. New York and North Carolina are the only states whose courts treat 16-year-olds as adults, and Lippman said this week that he believes there is sufficient support in the state legislature to pass his proposal.
"It's going to happen, whether this year or next year," Lippman told reporters on Tuesday. Supporters of the proposal, which is a hybrid of procedures used in adult and juvenile courts, say it would go much further than the current system in addressing the circumstances that push young people to commit crimes. Instead of simply doling out punishment, judges would have access to a range of alternatives, including community service and therapy.
Under the proposal, a 16- or 17-year-old charged with a non-violent crime would be eligible to have a case diverted from court to a local probation office, which is currently what happens for children under 16. If probation officials are unable to "adjust" a case, a district attorney could then opt to file charges in the proposed Youth Division, where cases would proceed as they currently do in adult court. Youth Division judges would be specially trained in child psychology and the alternative resolution of juvenile cases.
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