Assembly Democrats Give a Pass to Violent Criminals

Today, the New York State Assembly Democrats passed legislation (A.4876) that will allow 16- and 17-year-old violent criminals to escape criminal prosecution by sending them to Family Court.

“To argue that murderers, rapists and other sex offenders do not belong in jail because they are just short of 18 years old and aren’t mature enough to understand their actions and the consequences of those actions is reprehensible,” said Curran. “At 16, the law says an individual is mature enough to drive a car, putting the lives of others in their hands. At 17, with parental consent, an individual is considered mature enough to join the military and go to war. At 18, an individual is deemed competent to vote. Why then should we not hold them accountable for unspeakable criminal acts that endanger the lives of our children and families? I am vehemently opposed to this legislation and I will continue to fight against measures that endanger our community.”

Assembly Bill A.4876 endangers the welfare of the public in specific ways. District attorneys are not privy to Family Court records and thus will not be aware of previous criminal records. Having no knowledge of a troubled past, a DA may be more willing to be lenient for a “first offense” when in reality those individuals have had too many chances.

Also, when a case is tried in criminal court the victims have the right to address the court, to be informed at every stage of the trial and to be fully compensated for their loss. Cases tried in Family Court do not necessarily allow the victim these rights, meaning that they may not be heard and may not have the ability to seek reparation.

“I am deeply concerned for the safety and well-being of the residents of Nassau County after Assembly Democrats made the decision today to give a pass to 16- and 17-year-old violent criminals. They voted to pass legislation that will allow those offenders to be processed in Family Court, instead of criminal court. This measure prevents the sharing of Family Court records with the district attorney’s office, inhibits victims’ rights, and allows more lenient sentences, which puts violent offenders back out on our streets sooner.”

Only 5 percent of 16- and 17- year olds arrested end up facing criminal conviction. Those who fall into that percentage include rapists, murderers and those committing Class A felonies such as serious drug sales – all actions that endanger communities on Long Island and across the state.