NEW YORK, Sept 21 (Reuters) - New York state's chief judge announced on Wednesday a sweeping proposal to divert youth accused of committing minor crimes from criminal to family court, a move he acknowledged could place a "heavy burden" on an already cash-strapped court system.
At a forum held at Fordham University by the Citizens Crime Commission, Chief Judge Jonathan Lippman told a packed room of lawyers and judges that the adult criminal-justice system, with its emphasis on punishment over rehabilitation, was not equipped to deal with the needs of 16- and 17-year-olds.
"Prosecuting these adolescents in the criminal court does not improve public safety or the quality of life in our communities," he said.
Currently, 37 states and the District of Columbia treat 18 as the age of criminal responsibility. New York and North Carolina are the only states that prosecute 16-year-olds as adults. Lippman said that a proposal in North Carolina to increase the age of criminal responsibility could mean that "New York may very soon have the dubious distinction of standing alone on this issue."
Every year, between 45,000 and 50,000 16- and 17-year-olds are arrested in New York and prosecuted as adults, Lippman said, adding that a small fraction of these cases involved serious crimes such as rape, murder or robbery.
In family court, Lippman said, the law gives the Department of Probation the discretion to close a case if a juvenile offender complies with certain conditions. Criminal court judges have no such discretion.
PILOT PROGRAM PLANNED
Lippman recognized that his proposal, which requires a legislative fix, could impose a "heavy burden on the infrastructure of the court," and said it might mean adding judges and beefing up the juvenile probation system.
"Even considering the savings to the criminal court system, there could be significant additional costs, particularly in the current economic climate," Lippman said.
In spite of the challenges, Lippman said he believed it would be possible to draft legislation in time for the 2012 session.
In the meantime, Lippman said he would launch a pilot program that would steer 16- and 17-year-olds arrested for nonviolent offenses to "specially-trained criminal-court judges who understand the legal and psychosocial issues involving troubled adolescents."
The pilot, which will be launched in the next 90 days, will be led by Judge Judy Harris Kluger, the chief of policy and planning for the Unified Court System.
(Reporting by Noeleen Walder)
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