Raise the age and secure human rights for New York’s youth

Leaders in both major U.S. political parties have recently begun rethinking the consequences of mass incarceration, making moves away from so-called “tough on crime” policies that defined the past few decades and made the U.S. the world leader in incarceration. Instead, they are starting to shift their focus to “smart on crime” policies that focus on prevention and reentry and alternatives to incarceration for low-level, non-violent offenses.  

Fortunately, juvenile justice policies have been changing more rapidly than criminal justice policies as a whole, with many states leading the way. The vast majority of states have now recognized that while children must be held accountable for their actions, it is neither humane nor just nor effective to treat them in the same manner as we treat adults.  

{mosads}Two states have missed this boat: North Carolina and New York.  

That’s right: in New York, a 16- or 17-year-old who is arrested automatically faces the possibility of criminal prosecution as an adult. In 2014 alone, more than 30,000 16 and 17-year olds were arrested and faced the possibility of prosecution as adults in New York criminal court– the vast majority for minor crimes (73 percent for misdemeanors). Persons of color were vastly over-represented in the criminal justice system as compared to the statewide population – in 2011, for instance, 74 percent of the 16 and 17 year olds were either African American or Latino.

The time has come for this to end and for New York to become a leader when it comes to criminal justice. The International Convention on the Rights of the Child – the world’s most widely accepted human rights treaty – has long recognized that, as a matter of international law, children facing criminal prosecution and detention should not be treated in the same manner as adults. That belief has been confirmed in recent years by scientific research, which shows that the brain continues to develop until the age of 25, and that adolescents lack the ability to comprehend the long term consequences of their behavior. 

Moreover, youth have long been recognized as lacking in the responsibility needed to treat them as adults in civil matters, with eighteen being the minimum age for voting, signing contracts, serving on a jury, and getting married without parental consent.  

Last year, Gov. Andrew Cuomo (D-N.Y.) and a wide coalition of law enforcement, labor, civil rights and religious organizations worked to make juvenile justice reform a real priority. The governor appointed a Commission on Youth, Public Safety & Justice, and in January announced the good news that he had inserted their recommendations for reform into his annual budget. These reforms would be a huge step forward in securing the human rights of New York’s children in the criminal justice system, and include raising the overall age of juvenile jurisdiction to 18, raising the lower age of juvenile delinquency from 7 to 12 (except for murder, which would be age 10), and ensuring that no 16 or 17 year old is placed in adult criminal facilities.

While the State legislature included money to implement Raise the Age, they were unable to come to agreement on the policy changes.  They must do so before the end of the legislative session in June.  

There are many benefits that will come with these changes, both for our youth and for the safety of our communities. Study after study has shown that juveniles held in adult facilities are significantly more likely to re-offend (after completing their sentences) than juveniles held in age-appropriate facilities, often going on to commit more serious crimes. 

What accounts for the difference? The same science I mentioned earlier, which shows that young brains are highly susceptible to positive change in everything from character to personality traits to behavior. That means young people have a special capacity for rehabilitation and respond well to age-appropriate interventions.  

Raising the age (and passing the other reforms proposed by the governor) thus offers these kids a real second chance that recognizes their special capacity for rehabilitation, as opposed to the empty promise of one that they cannot fulfill in adult facilities.  

Something else makes this second chance more achievable: the reduced exposure of youth to the abuses that are rife in the adult criminal justice system. In particular, young people held in the adult system are far more likely to be exposed to violence than those held in the juvenile system.   

One study reports that youth in adult prison are twice as likely to report being beaten by staff, and are 50% more likely to be attacked with a weapon, as those in youth facilities. Youth in adult prisons also face the highest risk of sexual assault of any age group and are frequently placed in solitary confinement, both of which are highly destructive to mental health and can cause irreparable harm. From 2001 to 2012, the suicide rate for prisoners age 17 or younger was nearly two times higher than for older inmates. 

This state of affairs simply cannot continue. It’s imperative for New York legislators to stand up for the human rights of our kids. The time has come to Raise the Age!   

Hawkins is executive director of Amnesty International.