Advocates Urge Reform of Youth Criminal Justice Laws
Advocates Rally for Change
On October 23, 2024, advocates for reform of youth criminal justice laws rallied in St. Mary’s Park to support two bills that would expand protections for young people affected by the criminal justice system.
The Bills
The Youth Justice and Opportunities Act, sponsored by Sen. Zellnor Myrie of Brooklyn and co-sponsored by multiple Bronx senate and assembly members, would expand alternatives to incarceration and seal the criminal records of people under age 25. The Right to Remain Silent Act, sponsored by state Sen. Jamaal Bailey, whose district includes parts of the northeast Bronx, would grant immediate legal counsel to arrested youth before they might waive their rights.
What’s at Stake
This type of legislation is built around developmental science, which shows that the brain is not fully mature until around age 25. Advocates argue that this is long overdue in the state.
The Current Situation
Arrested youth often waive their right to remain silent and may even falsely confess, believing it’s the quickest route to going back home. The Exonerated Five – the group of then-teenagers who falsely confessed to the 1981 rape of a woman in Central Park, only to have their convictions vacated in 2002 after serving full prison sentences – are a prime example of what can happen when young people don’t understand their rights.
The Right to Remain Silent Act
If passed, the Right to Remain Silent Act would be fairly easy to implement with a toll-free hotline. California, Hawaii, Maryland, and Washington have similar laws already on the books, and "New York is really behind the ball on this," said Lisa Freeman, an attorney for the Legal Aid Society.
Youth Justice and Opportunities Act
The Youth Justice and Opportunities Act would expand the age range for Youthful Offender (YO) Status, which judges can currently grant to people under age 19, allowing them to enter treatment programs instead of jail and sealing their criminal records. Under the legislation, a new "Young Adult" Status would be created for ages 19-25, along with other protections.
Young People Lead the Way
Youth themselves, especially those who have been affected by incarceration, are leading the way on advocacy in hopes of bringing each bill closer to a vote. One of them is 19-year-old Angelique Williams of Highbridge, who is working with Youth Represent to promote YJ&O. Williams’ connection to the legislation is personal, as she was arrested at 16 for defending herself against an older romantic partner who was abusive.
Conclusion
Providing a chance at life, giving young people a second chance, and recognizing the potential for growth and change that many of them possess are the goals of these two bills. It’s time for New York to catch up with the rest of the nation and pass these crucial pieces of legislation.
Frequently Asked Questions
Q: What are the two bills trying to achieve?
A: The bills aim to expand alternatives to incarceration and seal criminal records for people under 25, and provide immediate legal counsel to arrested youth before they might waive their rights.
Q: What is the Science behind the bills?
A: The bills are based on brain science, which shows that the brain is not fully mature until around age 25.
Q: What is the current situation for arrested youth?
A: Arrested youth often waive their right to remain silent and may even falsely confess, believing it’s the quickest route to going back home.
Q: What is the goal of the Youth Justice and Opportunities Act?
A: The act aims to provide a new "Young Adult" Status for ages 19-25, along with other protections, to give young people a chance at a second chance.
