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Hawley decries new 'Raise the Age' rules for teenage defendants

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today voiced his continuing opposition to a policy pushed by Downstate special interests during this past budget cycle, which raises the age of criminal responsibility from 16 to 18 in some circumstances. The law, which many have coined the "gang recruitment bill" establishes a youth classification in a superior court in each county that has jurisdiction over juvenile offenders and a new class of adolescent offenders.

“This is one of the most misguided and frankly dangerous pieces of legislation that has ever hit my desk as a state legislator,” Hawley said. “As I said at the time it was being considered, a contentious policy like this should never be used as political leverage in a state budget and this was a cowardly attempt by downstate liberals to handcuff many legislators into voting for this as it was lumped in with various other spending items in one massive bill.”

With the new law, certain criminal cases can be sent to Family Court even if the charges are 2nd-degree murder, 1st-degree rape, 1st-degree criminal sexual act or an armed felony. The governor is using this as another mechanism to force counties to adhere to his reckless spending practices. If a county stays under the tax cap, there is no cost to them but if they exceed it they may not be reimbursed by the state. 

“Allowing murderers, rapists, and armed robbers to avoid harsher sentencing by sending them to family court is unconscionable,” Hawley said. “In doing so, we run the risk of these violent offenders returning to our neighborhoods more quickly and that should scare everyone. Only in liberal-dominated New York do New York City politicians think a 16 or 17-year-old doesn’t know that murder or armed robbery is wrong and shouldn’t be responsible for his or her actions.

"I was proud to vote against this bill and am requesting Gov. Cuomo use state funds to reimburse counties for the added court and administrative costs that our local governments simply can’t afford.”

C. M. Barons

There is more to this than simple downstate liberals backing something Mr. Hawley deems "the most misguided and frankly dangerous pieces of legislation that has ever hit my desk." As with legislation such as the "three strikes rule" laws that overrule judicial latitude and empower the prosecution, though painted as get tough crime stoppers, such laws have had not only mediocre success at their intended goal but have been struck down in whole or part by recent Supreme Court decisions. In lieu of court rulings states are revisiting such laws to bring them into compliance. http://www.nylslawreview.com/wp-content/uploads/sites/16/2013/03/Lazaro…

Sep 29, 2017, 7:14pm Permalink
Rick Hensel

At age 16 you are more than capable of knowing right from wrong and making your own decisions, that is of course unless you're one of the butt hurt snowflake liberals that feels the world owes you everything and your owe no one anything because your entitled and have never been disciplined or held accountable for anything at all in your life . . . thanks Obama, Holder, Lynch, Hillary, Comey, Jackson & Sharpton.

Oct 1, 2017, 5:46am Permalink
C. M. Barons

It's not a question of knowing right from wrong. It is about possessing the level of maturity necessary to participate in a legal process on par with an adult. Suggesting that the magnitude of the crime somehow invalidates protections normally afforded a minor in the legal system undermines the concept of innocent until proven guilty.

Oct 1, 2017, 10:52am Permalink
Howard B. Owens

Actually, it is about knowing right from wrong.

In a way.

Teenagers have diminished cognitive ability to avoid impulsive behavior, especially in group settings. Their reasoning skills when making moral judgments are not fully developed.

http://www.apa.org/monitor/apr07/teenage.aspx

http://clbb.mgh.harvard.edu/juvenilejustice/

Here's more facts behind Raise the Age

http://raisetheageny.com/get-the-facts

Interestingly, contrary to this press release, advocates for Raise the Age say the law doesn't go far enough.

"For instance, all 16- or 17-year-olds who are accused of a violent felony will still be tried in adult criminal court, though in a quasi-separate section called the “youth part.” Last year, 3,445 juveniles fell into that category, according to the New York State Division of Criminal Justice Services. Even under the new system, these young people will continue to face adult consequences such as lengthy prison sentences and lifetime criminal records."

https://www.themarshallproject.org/2017/04/14/the-fine-print-in-new-yor…

One of the things I've been doing the past few years is listening to audiobooks while I exercise, walk the dogs, or do yard work or other routine tasks. Mostly, I've listened to books and lectures on economics, but there is an overlap between economics these days and behavior science, which led to books and lectures on behavioral science and decision-making. When I learned about the issues around cognitive development and moral judgments in teens, we changed the policy of The Batavian for publishing the names of 17- and 18-year-olds arrested for non-major felonies. We stopped publishing the names for minor offenses.

Oct 1, 2017, 11:14am Permalink
Tim Miller

I live in NC, and along with NY are two of the back-a** states that automatically treated 16 year-olds as "adults". The NC legislature finally got on board this year and will *gradually* start treating 16-17 year-olds as juveniles for certain crimes. Like NY, very bad acts will result in their being treated as adults.

Oct 2, 2017, 4:42pm Permalink
Lisa Woltz

In my opinion, Hawley's sounding more like a Dem than a Republican. Feel sorry for the "immature" boy/girl? I think not. I won't apologize for anyone who picks up a gun, robs, steals, beats, rapes or worse murder. In my opinion, 15-17 should certainly be sent to state. They need to learn committing crimes isn't a game. When states started taking away juvenile detention, "spankings" and letting parents be parents, kids started ruling the parents. If it's myself, first thing I would change- get juvenile hall back in if you don't want your kids to stay with the adults!

Oct 2, 2017, 8:26pm Permalink

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