Last month, Proskauer hosted its annual event highlighting the Firm’s participation in the Associates’ Campaign for The Legal Aid Society, an initiative that brings associates together to raise critical funds in support of the nonprofit. This year’s conversation focused on rethinking the juvenile justice system in New York State. Panelists included Werdeh Hassan, Staff Attorney in The Legal Aid Society’s Juvenile Rights Practice; Anthony Katchen, Attorney-in-Charge of The Legal Aid Society’s Juvenile Rights Practice at the Staten Island Trial Office; and Shomari Ward, Litigation Director at Youth Represent.
The event focused on New York State’s Raise the Age legislation enacted in 2017 that increased the age of criminal responsibility in New York State from 16 to 18 years old. This legislation ensures that most 16- and 17-year-olds accused of misdemeanors will be handled directly in Family Court and that most felonies will be routed out of the adult criminal justice system to Family Court as well, with only the most serious offenses remaining in the adult system.
All three panelists highlighted the importance of not automatically treating young people as adults in justice proceedings. As Ward noted, youth are at a different developmental stage than adults, and the adult criminal justice system is not designed to improve youth outcomes. By emphasizing the provision of services through Family Court proceedings, the Raise the Age legislation facilitates support for young people to work toward rehabilitation. These resources provide them with the support they need to return to their environment and make better choices, placing them on a path to becoming adults who meaningfully contribute to society.
Despite the benefits of Raise the Age, one major challenge is the lack of services available to address the root causes of juvenile criminality. Hassan reflected on the need for community-based programs that mentor and guide youth, as well as psychological support and family counseling, noting that people who work with youth in the community daily can create the most change. Guidance and mentorship are especially effective when youth see and interact with leaders in their communities, as they can relate to them more easily and meaningfully. Katchen highlighted how this connection can enable young people to return to their communities and make better choices. However, these initiatives are underfunded, making them challenging to access. By the time many adolescents in the system reach the top of a long waitlist for therapy, many have already reoffended.
The panelists emphasized a fundamental flaw in the Raise the Age legislation: it is currently more challenging for juvenile offenders between the ages of 13 and 15 to remove their charges to Family Court than it is for older youth. Removal of charges to Family Court for juvenile offenders only occurs on a case-by-case basis at the discretion of the court. Adolescent offenders (16- to 17-year-olds), by comparison, are presumptively sent to Family Court (barring certain serious charges or extraordinary circumstances). This aspect of the legislation has the perverse effect of treating younger minors more harshly than older teenagers. The panelists suggested other areas for improvement as well, such as requiring the presence of an attorney during interrogations of young people, rather than a parent or legal guardian, because guardians do not always act in the adolescents’ best interests and can become additional interrogators or be used by the police to manipulate the youth.
In short, Raise the Age has had a positive impact, but must be accompanied by sufficient services and programming. The panelists urged attendees to continue supporting efforts to keep youth out of the justice system through community-based services, awareness of legislative developments, participation in local government meetings, and openness to creative solutions.
This panel showcased the value of organizations like Youth Represent and the Legal Aid Society that engage in community lawyering and represent youth in and out of legal spaces, and of partnerships with firms like Proskauer Rose LLP that make such work possible.
Interns Carolina Cali and Gabrielle Wheeler contributed to the drafting of this blog post.