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Jonathan Lippman, Chief Judge of the State of New York , talks about the policy of punishment and why he thinks the age of criminal responsibility needs to be raised.
martin from manhattan, have you seen the movie "Slavery by Another Name"? It shows exactly what you're talking about, starting w/how that clause in the 13th Amendment was deliberated ab/used by finding excuses to arrest black men &, in effect, put them back into slavery.
Most academic research supports what Justice Lippman is saying. Up to 89% of boys and 81% of girls in New York recidivate after serving time upstate. There is no positive lesson they "learn." We are making criminals.See Kupchik ("Judging Juveniles"); Milton ("Overcoming the Magnetism of Street Life"); and Barrett ("Courting Kids") for research on juvenile offenders in NYC.
Many prisons are For Profit in the US - our government is making deals to privatize prisons. Those prisons have goals to keep their prisons full and to expand...
I guess as a judge he has to sit quietly and listen to lawyers go on and on, so now that he's got the floor, there's no stopping him! Good insights though, and conversation, when there's room for it.
waiting 7-10 years to expunge the record means much of their young life had to be very limited. Too many years to wait
Virtually all of the gun-related massacres that have made headlines over the past decade have had one thing in common:THEY WERE PERPETRATED BY PEOPLE TAKING PROZAC, ZOLOFT, LUVOX, PAXIL OR A RELATED ANTIDEPRESSANT DRUG.THE REASON BEHIND THE MADNESSHealth and Healing: Tomorrow's Medicine Today by Dr. Julian Whitaker, M.D. Columbine shootings in April of 1999. Though shot multiple times in the chest, Mark survived the shooting. It was later revealed that both shooters, Dylan Klebold and Eric Harris, were on antidepressants at the time of the shootings. Harris had reported to his psychiatrist that he was feeling depressed, angry, and suicidal while on Prozac. He was then prescribed the antidepressant Zoloft and later Luvox after complaining about restlessness and a lack of concentration. At the time of his death, Harris had therapeutic Luvox levels in his system and his prescription bottle was in his pocket.
Brian, why are you even trying to stop this guy? It's not a dialogue. He knows this issue - let the monologue continue. Sometimes you just need to know when to sit back and let 'em go.
a theory. crime and punishment is a vestige of slavery. 13 amendment to the constitution ended slavery but allows for incarceration (often abusive) if a "crime" is committed. this is now engrained in the culture.
I'm glad Judge Lippman is advocating this change. Is there a petition somewhere that we can sign, or other things we can do to help make it happen? Is there a bill in the state legislature?
Federal Mandatory Minimum sentences were a Congressional response to the understandable tendency of Judges not to impose long sentences for victimless crimes - drug use, and sale to willing buyers. So today the "United States has the highest documented incarceration rate in the world, at 754 per 100,000 (as of 2009). ***In the twenty-five years since the passage of the Anti-Drug Abuse Act, the United States penal population rose from around 300,000 to more than two million. Between 1986 and 1991, African-American women's incarceration in state prisons for drug offenses increased by 828 percent."http://en.wikipedia.org/wiki/United_States_incarceration_rate
This guest sounds like the "I love to laugh!" guy from Mary Poppins and it's making me really happy.
Hi Brian! I am German. In Germany for young criminals juvenile law (Jugendstrafrecht) is applied up to the age of 18. However - if the person is attested to be still immature - juvenile law is even applied up to the age of 21. I think this is the right way!Thank you for your always great shows.Greetings from CologneLyonn
It is extremely rare for a person under 19 years old to have a criminal record for a misdemeanor crime committed under the age of 19 in NYC.
For a young person to obtain a criminal record before 19 they have to have committed a long series of crimes, or a second Felony record!
To respond to the question about how race factors into punishment: race is absolutely a factor when you consider that many people do not view young people of color as children. See, for example, this study that found that black boys were viewed as older and less innocent than whites: http://www.apa.org/news/press/releases/2014/03/black-boys-older.aspx
It's a frightening world for these children, who deserve every bit of the same protection and care that white children do.
How does governor Cuomo closing several prisons and juvenile detention centers over the past few years fit into this?
Thank you Brian! Finally someone who actually has rich experience in this area with something valuable to say, instead of politicians pandering for "tough on crime" votes.
Kids shouldn't have criminal records so early in life, they shouldn't be put on Megan's law either (still developing- give them counseling instead), and Big Business shouldn't be able to PROFIT off online search fees to find a kid's record.
I am concerned that this is misleading
The Chief Judge is not talking about Youthful Offender treatment which applies to all defendants between 14 and 18 which does not give them a criminal record.
Thank you for this guest!! A refreshing perspective and the most important points of the issue are extremely well-put by Mr. Lippman. He's doing great work and I thank him.
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