"Raise the Age"
legislation will affect many Connecticut juvenile offenders.
A separate justice system for juveniles is not
some sentimental Victorian notion that has no place in today's tough-minded
criminal justice system. Cutting-edge research increasingly shows that the
parts of the brain regulating risk taking and rational control are still not
fully formed in teenagers.
Holding juveniles to adult
standards, then, is a very problematic policy. Fortunately, Connecticut has
finally passed "Raise the Age" legislation to require young offenders
under the age of 18 to have their cases heard in juvenile court and be segregated
from adult prisoners.
This article will discuss the likely
impact of this law on Connecticut juvenile offenders.
Juvenile Justice in Connecticut
Historically, juvenile justice in
the U.S. has been based on the principle that kids who commit offenses should
not be punished in the adult system. The idea was that the focus of a separate
juvenile system should be on rehabilitating youthful offenders.
Over time, the demarcation between
the two systems began to erode precipitously. As America ratcheted up its
sentencing laws in the last 30 years, more and more juveniles have been tried
as adults. This has not only included 16 and 17-year-olds, but also many kids
even younger.
Concern about the specter of
14-year-old kids in adult prisons finally helped push the pendulum back the
other way. More and more states acted to re-establish that young people under
the age of 18 should normally have their cases heard in juvenile court, not the
adult system.
By 2009, Connecticut was one of only
three states to regularly subject 16 and 17-year-olds to the adult criminal
system. But in 2010, Connecticut, too, began to change course. In that year,
the state started to again treat 16-year-olds as juveniles.
In July 2012, the reform went
farther still. Connecticut became the 37th state to pass a "Raise the
Age" law. This law makes clear that juveniles under the age of 18 should
generally have their cases decided in the juvenile system, not the adult one.
Transfer to Adult System
This does not mean that Connecticut
juveniles can no longer be dealt with at all in the adult system. When there
are charges of serious crimes, juveniles can still potentially have their cases
transferred to the adult courts. This applies to Class A and B felonies.
If your juvenile child is in trouble
with the law, strong advocacy is vitally important. This is especially so if
the charges potentially involve a transfer to the adult criminal system.
An
experienced defense lawyer can tackle the issues on your behalf and work to
resolve the case justly within the law.
Article provided by Paoletti &
Gusmano, Attorneys at Law
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