Why Young People of Color Are Central To 'Raising The Age' Debates

http://www.npr.org/sections/codeswitch/2017/03/20/520204938/why-young-people-of-color-are-central-to-raising-the-age-debates

There have been numerous reports regarding the Raise the Age campaign in the recent news. This particular article from NPR summarizes the campaign and the arguments from both proponents and opponents, and touches on the racial disproportionality in juvenile justice.

New York is one of two states, the other being North Carolina, that automatically tries 16 and 17 year-old youth as adults in the criminal justice system. New York Governor Andrew Cuomo has been in support of raising the age or, in other words, changing the law so that 16 and 17 year-old youth are tried in the juvenile justice system as opposed to the adult criminal justice system, for some time, though it seems he has recently made this issue a priority. Proponents for the change cite research suggesting that brain development is not complete until one's early to mid 20s, resulting in lower impulse control for 16 and 17 year-old youth. The executive director of the Justice Policy Institute, Marc Schindler, stated belief that youth with criminal records "have the deck stacked against them" as they face employment and education hurdles. The article also provides a link to studies that suggest youth placed in adult prisons may be more likely to re-offend. Proponents also cite statistics from other states that have raised the aged which show decreased numbers of youth in juvenile detention since the change. Researchers attribute the decrease partially to states' use of alternatives to incarceration, like probation and outpatient rehabilitation. Meanwhile, opponents express concern that the juvenile justice prison population would greatly increase, worrying about where juvenile offenders would be housed and the ease of identifying repeat offenders whose juvenile records would be sealed. The president of the Corrections Officers Benevolent Association of New York stated beliefs that raising the age may increase the likelihood of young people being recruited to gangs and committing crimes due to facing light punishment for doing such. Governor Cuomo recently stated at a public event that the policy greatly affects poor minorities. Marc Schindler is quoted in the article stating that the current policy would not exist if it were middle and upper class white kids being disproportionately impacted. The article points out that 90% of New York's youth sentenced as adults are black or Latino. Schindler pointed to the case of Kalief Browder (Google his story if you don't know it and watch "Time: The Kalief Browder Story," produced by Jay Z, on Spike) who was arrested at age 16 and received harsh treatment at Rikers Island, leading to his suicide post-incarceration. Celebrities like John Legend have recently shown support for Raise the Age, as well (not cited in the article).

I definitely support raising the age based on what is known about brain development and the outcomes for youth who are incarcerated, particularly in adult prisons, regarding recidivism. I find myself in agreement with Marc Schindler regarding the deck being stacked against youth with criminal records. Kids with underdeveloped brains who commit crimes should not be placed in adult prisons where they must constantly be in survival mode and expected to function in society upon release from prison. Knowing what we know about ACES, it is likely that offenders have experienced ACES prior to offending, and incarceration itself is an adverse experience. The increased cortisol production in their brains due to the constant activation or fight or flight while incarcerated, especially in adult prisons, leaves their brains wired to perceive danger and threats and act on those perceptions. On top of treating youth as adults, we are then expecting them to navigate the world with impaired emotional regulation and jump through hoops to get a job and further their education.
While raising the age can mitigate some of these factors, it is not a perfect fix. Our jails and prisons, both juvenile and adult, focus on punishment. All states should follow suit of those who are choosing to focus, at least for youth, on alternatives to incarceration, like rehabilitation. It is clear based on our society’s crime and recidivism rates that our system doesn’t work. Raising the age is a step in the right direction.