Westchester Childrens Association | wca@wca4kids.org | 914.946.

7676
FACT SHEET
Raising the Age of Criminal Responsibility
Join the Westchester Campaign to Treat Children as Children






Key Facts
When young people are treated as juveniles, re-arrest rates are lower
than those of a similar age who are processed through an adult system.
i

Studies have found that young people transferred to the adult criminal
justice system were approximately 33.7% more likely to be re-arrested
for a violent crime than youth retained in the juvenile justice system.
Around 80% of youth released from adult prisons reoffend and
are more likely to commit more serious crimes.
ii


Over 70% of the 16- and 17-year olds arrested in New York State are black or Hispanic. Of
those sentenced to incarceration, 80% are black or Hispanic.
iii


Studies show that youth in adult
prisons are more likely than adults to have
a substantiated report of sexual violence
while incarcerated, and are 50% more
likely to be attacked with a weapon than
children placed in juvenile facilities.
iv


Research into brain development
underscores that adolescents are in fact
children and that the human brain is not
fully formed until the age of 25. As the
cognitive skills of adolescents are
developing, adolescents behavior is often
impulsive and adolescents lack the ability
to focus on the consequences of their
behavior.
v


New York is one of only two states that has not raised the age of criminal responsibility
above the age of 16. The majority75 percentof criminal acts committed by children
and adolescents in New York are misdemeanors. Keeping youngsters who commit
crimes out of the adult criminal justice system gives them a better chance for a positive
future and makes our communities safer.
Westchester Facts
1,236 sixteen and seventeen year olds were
arrested in 2010 in Westchester County
68.8% were misdemeanors
15.7% were violent felonies
15.6% were other felony offenses

By October 1, 2012:
1,144 of the 1,236 cases were resolved
10.8% were sentenced to some period of
incarceration
12% were sentenced to probation
38.8% were not convicted/adjudicated

Source: Criminal Justice Case Processing of 16-17 Year Olds,
Prepared by DCJS OJRP January 4, 2013
Thank you to The Tow Foundation for their generous support of WCAs Raise the Age campaign efforts.
___________________
i
Sobie, Merril. (2010). Pity the child: The age of delinquency in New York. Pace Law Review, 30(3), 18.
ii
National Campaign to Reform State Juvenile Justice Systems. The Fourth Wave: Juvenile Justice Reforms for the Twenty-First Century; p.
20. Retrieved from: http://www.publicinterestprojects.org/wp-content/uploads/2012/11/JJ-Whitepaper-Design-Full-Final.pdf.

iii
Criminal Justice Case Processing of 16-17 Year Olds, Prepared by DCJS OJRP January 4, 2013

iv
National Juvenile Justice Network. Keep Youth Out of Adult Prisons. Retrieved from: http://www.njjn.org/about-us/keep-youth-out-of-
adult-prisons.

v
MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice. Issue Brief #3: Less Guilty by Reason of
Adolescence. Retrieved from: http://www.adjj.org/downloads/6093issue_brief_3.pdf
The Time is Now:
Approximately 46,000 16- and 17-year olds
were arrested in 2010 in New York State.
iii

The age of maturity for most legal matters is
reached on the 18
th
birthday.
A permanent criminal record can cause
lifetime barriers to higher education,
housing and employment.
The federal government and 38 other states
use the 18
th
birthday as the age of adult
criminal responsibility (in the remaining 10
states, the age of criminal responsibility is
17). New York is one of only two states where the age of criminal responsibility is 16.
Therapeutic measures including mental health, drug treatment and community based services are
necessary to give young people a chance to become constructive adults.
Key Points about Raise The Age:
The Commission on Youth, Public Safety and Justice should Raise the Age following these
key principles:
All youth should be treated in a developmentally and age appropriate manner regardless of the
crime charged.
All youth should be adjudicated under the Family Court Act giving judges a range of options for
adjustment, diversion, programs and placements.
It should be ensured that no youth are housed in adult jails and prisons where they are much
more likely to be subject to violence and abuse. New York should continue to reduce the
detention and placement of youth in juvenile facilities and continue to invest in evidence-
informed community-based services and alternatives to incarceration.
The ability to divert cases of low-risk youth at arrest and from court should be increased in order
to reserve court resources.
Validated risk assessment tools should be used to tailor services to individual needs and combat
racial disparities.
New York should become a leader in juvenile justice practices by doing more than raising the
age to 18.

To join the Westchester campaign to Raise the Age
contact Allison Lake at alake@wca4kids.org or 914.946.7676
Raising the Age is good
public policy because its

Consistent with legal trends
Consistent with adolescent brain
development and behavior
Beneficial for public safety
An efficient use of family court
resources
Helpful to long-term costs