| New York |
| Lower Age: | 7 |
| Upper Age: | 15 |
| Statutory Exclusion | Penal Law Secs. 30.00, 70.05 |
| Crim. Proc. Law Secs. 1.20, 180.75, 210.43 |
| A child who meets statutory age/offense criteria is "criminally responsible" as a "juvenile offender," and thus is tried in superior court rather than family court. (A juvenile offender, while otherwise handled as an adult, enjoys somewhat more lenient sentencing treatment.) Initially, the child is arraigned in local criminal court, which must conduct a hearing to determine whether there is "reasonable cause" to believe the child committed an excluded offense. If so, the case is sent to the grand jury of the appropriate superior court; if not, assuming the local criminal court finds reasonable cause to believe the child committed some delinquent act falling short of exclusion, the case is removed to family court. |
| However, even where the local criminal court finds reasonable cause to believe the child committed an excluded offense, adult treatment is not entirely automatic. At the district attorney's request, the local criminal court may remove such a case to family court if, after considering a number of factors specified by law, it concludes that to do so would be "in the interests of justice." However, if the child is accused of certain enumerated serious crimes (second degree murder, first degree rape, first degree sodomy, or an armed felony), the court must also make one of the following additional findings: (1) mitigating circumstances directly bearing on the way the crime was committed; (2) relatively minor participation in the crime on the child's part; or (3) possible deficiencies in proof of the crime. In any case in which the court orders removal to family court, it must state its reasons for doing so on the record, "in detail and not in conclusory terms." Likewise, where the district attorney has consented to removal and such consent is required, the district attorney must state detailed reasons for consenting on the record. |
| The child may also request removal to family court, but only once the case has already, in one way or another, reached superior court (see Reverse Waiver). |
| Offense Category | Minimum Age | Offense Detail |
| Murder | 13/14 | 13—Second degree murder. |
| 14—First degree manslaughter, attempted second degree murder. |
| Person | 14 | First degree kidnapping or the attempt, first degree assault, first degree rape, first degree sodomy, aggravated sexual abuse, or first or second degree robbery. |
| Property | 14 | First or second degree arson, first or second degree burglary. |
| Reverse Waiver | Crim. Proc. Law Secs. 180.75, 210.43 |
| The superior court may order removal of a statutorily excluded case if it finds, after consideration of various factors enumerated by statute, that "to do so would be in the interests of justice." In most cases, the court may order a removal on the motion of any party or on its own motion. (If the reasonable cause hearing in local criminal court has not commenced, the child may avoid it altogether and bring a motion in superior court to have the case removed to family court; otherwise, the child may make the motion after arraignment and upon indictment.) However, in the case of a child accused of second degree murder, first degree rape, first degree sodomy, or an armed felony, (1) the district attorney must give consent to the removal and (2) the court must also find either (A) mitigating circumstances directly bearing on the way the crime was committed, (B) relatively minor participation in the crime on the child's part, or (C) possible deficiencies in proof of the crime. In a case in which the district attorney's consent is required, the district attorney must give reasons for consenting on the record. Likewise, if the court orders removal to family court, it must state its reasons on the record "in detail and not in conclusory terms." |