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What sentencing options exist for juvenile offenders in New York?
Sentencing Options for Juvenile Offenders in New York
The juvenile justice system is complicated, with different rules for sentencing based on the minor’s age and charges. In New York, judges have several options when sentencing youth under 18 who commit crimes. The goal is rehabilitation and support, not just punishment.
Juvenile vs Adult Courts
First key thing to know – juveniles can either be tried as a minor in family court, or prosecuted as an adult in criminal court. It depends on factors like:
- Age of the offender
- Severity of the charges
- Criminal history
Family court focuses on rehabilitation. Judges have wide discretion in sentencing and can be more lenient. Cases are confidential.
Criminal court treats juveniles like adults. Harsher penalties apply and there’s less focus on rehabilitation. Records aren’t sealed.
Age Categories
Sentencing also depends on how old the juvenile is. New York law divides them into categories:[3]
- Under 7 – Cannot be charged with a crime
- 7-11 – Rehabilitation only, no detention
- 12-15 – Can be prosecuted, max 1 year detention
- 16-17 – Can be prosecuted, max 2 years detention
Once they turn 18, juveniles are considered adults. But courts can apply youthful offender status up to age 19.
Sentencing Options
Here are some common sentences for juveniles in New York:
- Probation – Supervised in the community
- Community service – Perform service hours
- Restitution – Repay victims for losses
- Counseling – Mental health or substance abuse treatment
- Detention – Time in juvenile facility, limited terms
Judges focus on accountability and rehabilitation, not retribution. The goal is to address root causes of delinquency like trauma, poverty, addiction, etc. and get juveniles back on track.[1]
Youthful Offender Status
One option in New York is Youthful Offender status. This applies to minors age 16-19 charged with a crime. The judge determines if they deserve special treatment as a youth.
If granted YO status, the juvenile avoids a permanent criminal record. Their case gets sealed. YO’s can still serve time in juvenile facilities.
Factors like criminal history, severity of charges, and mitigating circumstances affect whether YO status is given. The judge has wide discretion.
Blended Sentencing
For very serious crimes like murder, juveniles can receive “blended sentences” in New York. This combines juvenile and adult penalties.
For example, a minor could serve detention until age 21, then transfer to adult prison to complete the remainder of their term. Blended sentencing tries to balance rehabilitation and punishment.
Trying Juveniles as Adults
Some juveniles are prosecuted fully as adults. This happens for very violent crimes like homicide, arson, armed robbery, rape, etc. Teens age 13-15 must be tried in adult court for murder.
Being convicted in criminal court exposes juveniles to harsh adult sentences like long prison terms and life without parole. Some advocates argue this is unfair and oppose transferring minors to adult court.[2]
Alternatives to Incarceration
Many argue that incarcerating juveniles is harmful and ineffective. Youth respond better to community-based alternatives like:
- Mentorship programs
- Vocational training
- Counseling and therapy
- Educational support
- Community service
These programs allow juveniles to avoid the negative effects of imprisonment. Judges increasingly favor rehabilitation over locking up minors.
Recent Reforms
New York recently raised the age of criminal responsibility from 16 to 18. 16-17 year olds are now tried in family court, unless charged with serious violent felonies.
Other reforms include:[4]
- Banning solitary confinement for minors
- Sealing of juvenile records
- Limiting shackling of youth in court
- Expanding youthful offender eligibility
These changes aim to promote rehabilitation and improve outcomes for young offenders.
The Goal is Rehabilitation
The juvenile justice system has made mistakes in the past by treating minors too harshly. But the emphasis is now on rehabilitation, therapy and community integration. While accountability is still important, the priority for youth offenders is providing support so they can turn their lives around.
References
[1] Penalties for Juvenile Offenders in Netherlands