At what age should a child be arrested for crimes? CT lawmakers may change it

Yahoo

26-03-2025

At a time of concern about juvenile crime, a key legislative committee is considering whether to raise the age of arrest for youths who commit crimes.
A bill in the legislature's judiciary committee Wednesday called for increasing the age to 12 years old in 2026, up from the current 10, depending on the severity of the crime. The threshold would then be increased further to 14 in 2028. In addition, the bill would restrict how police can use handcuffs on those under age 14.
Advocates said the bill represents a step forward and would place Connecticut in the forefront on the issue. Based on brain science, many of the youths do not fully understand the consequences of their actions and lack the developmental maturity to be held criminally responsible, advocates said.
Teresa Kominos, policy counsel for a national nonprofit known as Human Rights for Kids that studies childhood trauma, said Connecticut would become a leader on the issue if the bill is passed.
'Children are fundamentally different from adults, and their brains are not fully developed,' Kominos told the committee.
She added, 'Children's underdeveloped brains and proclivity for irrational decision-making is why society does not allow children to vote, enter into contracts, work in certain industries, get married, join the military, or use alcohol or tobacco products. These policies recognize that children are impulsive, immature, and lack solid decision-making abilities.'
But state Rep. Craig Fishbein, the ranking House Republican on the committee, said that the bill would allow juveniles under 14 to avoid arrest for serious crimes.
Some Class A misdemeanors, he said, are serious, including strangulation or suffocation and criminally negligent homicide. A juvenile could also not be arrested for Class C felonies, including assault in the second degree with a firearm, second-degree manslaughter, and some sexual assaults.
'Kids and guns is a bad situation,' Fishbein said, adding that a juvenile could fire a gun inside a school and not be charged if no one was hurt. 'What you're telling me is that individual could not be arrested.'
Marc Donald, chief executive officer of a Bridgeport-based group that helps troubled youth, said that his organization has had success through the years.
'This legislation is a significant step forward in ensuring that the juvenile justice system prioritizes rehabilitation, understanding, and the well-being of children,' he said. 'As an advocate of restorative justice principles and practices, I recognize the profound value of this bill in promoting a justice system that focuses on healing and age-appropriate responses rather than punishment.'
He was asked about what to do with the cases of multiple repeat offenders, including some hypothetical cases.
'This is where I'm struggling with the what ifs,' Donald said.
In New Jersey, Fishbein said, a 14-year-old recently shot two police officers, including one who died. The boy was charged with murder, attempted murder, and possessing illegal weapons in the death of a 26-year-old detective in Newark in a case that generated extensive attention.
'I have a lot of problems with moving the age again,' Fishbein said. 'I don't see things getting better in this area. … This doesn't stop recidivism.'
State Rep. Greg Howard, a Republican who also works as a Stonington police officer, said schoolyard fights are not rare for youths of that age. He gave the example of 'a 12-year-old kid who beats up a kid on the local playground' and goes to the juvenile review board.
'How many kids have to get beat up before that kid gets arrested?' Howard asked. 'This bill, as drafted, removes accountability.'
The Connecticut Police Chiefs Association, an influential lobbying group at the Capitol, is opposed to the bill citing concerns about violent crimes and automobile thefts committed by young people.
'This bill as proposed does not account for victim impact and creates greater victimization,' the chiefs said in written testimony. 'Victims of crimes are often left with a financial loss, and this bill does not address restitution when a juvenile commits a crime. Law enforcement has seen damages that are in excess of thousands of dollars as a result of juvenile crime. The lack of accountability leads to recidivism, which leads to greater victimization. At a time when we are seeing more violent crime, firearms-related offenses and stolen motor vehicles committed by juveniles, this bill will only lead to more of these offenses.'
The chiefs added, 'CPCA is also concerned about the prohibition on the use of handcuffs for juveniles under the age of 14. Officers' decisions to handcuff a juvenile or individuals are determined by the offender's actions, number of individuals involved, type of call and/or information discovered that is a concern for public safety. This comes first before determining the name and age of a juvenile or involved individuals.'
Other states
If approved, Connecticut would become a leader on the issue, Kominos said.
'In Maryland, for example, the minimum age of prosecution is 13 years of age with specific carve-outs to the law for more serious offenses,' Kominos said. 'Nevertheless, no child in Maryland under the age of 10 years old, regardless of the offense, may be criminally prosecuted or adjudicated delinquent. Several other states, including California, New York, Utah and New Hampshire, have established a minimum age of prosecution of either 12 or 13 years old with carve-outs to the law for specific offenses. Additionally, in Massachusetts the minimum age of jurisdiction for a delinquency proceeding for any offense is 12 years old.'
Fishbein, a Wallingford attorney who has practiced in juvenile court, said the legislature changed the law four years ago and is now trying to change it again.
'Where is the line in your mind for the arrest of a juvenile?' Fishbein asked Kominos.
She responded that it should be 14 years old.
Fishbein predicted that, in future, the age would eventually be raised to 16 years old.
'That is way too far, and this is way too far,' Fishbein said.
No votes were taken Wednesday as the judiciary committee continues working behind the scenes on improving the language in multiple bills. The committee is facing a 'joint favorable' deadline of April 11 for bills generated by the committee, and any bills must receive final approval by the full House of Representatives and Senate before the regular legislative session ends on June 4.
Christopher Keating can be reached at [e-mail]