New York's 'Raise the Age' Law: A Juvenile Justice Reform Analysis

This report analyzes the 'Raise the Age' legislation in New York, examining its impact on the juvenile justice system. It discusses the shift in criminal responsibility for 16- and 17-year-olds, highlighting the creation of new categories like Adolescent Offender and the introduction of specialized courts. The report explores the legislative provisions, including the two-stage implementation, and the implications for non-violent crimes. It provides a comprehensive overview, referencing the Breed v. Jones case to illustrate the changes in juvenile court proceedings and the importance of rehabilitation. The report underscores the need for tailored justice, emphasizing the vulnerability of children and the state's role in their protection and rehabilitation. The study concludes by asserting the importance of the 'Raise the Age' legislation in shaping juvenile justice.

Running head- RAISE THE AGE: A REFORM FOR JUVENILE JUSTICE
Raise the Age: A reform for Juvenile Justice
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Author Note

1Raise the Age: A Reform for the Juvenile Justice
The U.S is among those countries in the world where young wrongdoers can be made
liable with imprisonment of life devoid of the prospect of parole. The focus of the juvenile
justice system is to decrease the crime rates, and make such possible reductions for the
criminals to accomplish such goals. In order to achieve those objectives, the government of
New York decided that imposing harsh punishments would lead to a crime free state. This
study helps us to identify the need of such legislations with examples of leading cases by the
juvenile offenders. It further discusses all the positive and the negative aspects relating to the
victim, offender and their surroundings.
From the beginning of the civilization people believed in the fact that the children of
the society are the assets of the future and it is the responsibility of the state to look after the
children. As children are the most vulnerable groups of the society, it is of utmost importance
that they are treated with care. The Latin maxim “Parents Patriate” states that the State as
the ultimate authority over the children. State is treated to be the caretaker of the children
having the rights to punish them when required (Parsloe, 2017). The Children under the age
of 18 who are involved in crime are referred as a “child in conflict with law” and not as
offendors.
The, legislation of Raise the Age was enacted by the parliament that prohibited 16- 18
years old juvenile to be held in prison. The types of children in conflict with the law were
noted that is the adolescent offender, Juvenile Offender and the Juvenile Delinquents
(Tabashneck, 2017). It provided strict rules in crimes like felony and the introduction of
special courts such as the Youth Part of Superior Criminal Court. Under the New York Penal
Law, people between the age group of 16 and 18 will be deliberated criminally answerable
and will be put on trial by the District Attorney in the adult criminal justice system. If
convicted, these people serve their sentences in adult correction homes.

2Raise the Age: A Reform for the Juvenile Justice
For example in the case of Breed v Jones, a 17 year old child was decided delinquent
in the juvenile court then tried as an adult in the criminal court for the offence. The Juvenile’s
plea for habeas relief was not accepted by the court. In this case, the juvenile court was
treated as similar to a criminal court. The main purpose of such courts is to determine the
criminal guilt as it has a tendency for the deprivation of the liberty of that child. If at that time
strict legislations were present, the juvenile could have got the proper punishment by
maintaining the sensitivity of the case and not overburdening the adult criminal courts. With
the legislation, justice could have served in a better way and the juvenile could have got a
better chance for rehabilitation. Children are vulnerable in nature so it is the duty of the state
to understand their needs, protect them, and punish them in proper courts with proper
sanctions.
In conclusion, it is stated that legislations like the Raise the Age (RTA) are impactful
in dealing with juveniles and the crime conducted by them. It provides a proper path to
ensure the delivery of justice in manner that the impact upon the child will not be negative
and there will remain the chance for rehabilitation.

3Raise the Age: A Reform for the Juvenile Justice
Reference
Breed v. Jones, 421 U.S. 519 (1975)
Parsloe, P. (2017). Juvenile justice in Britain and the United States: The balance of needs and
rights. Routledge.
Tabashneck, S. (2017). Raise the Age Legislation: Developmentally Tailored Justice. Crim.
Just., 32, 13.