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Emerging Adult Justice Project Defining the age of juvenile justice jurisdiction: Current practices and the need for reform May 29, 2018 World Congress on Justice for Children, UNESCO, Paris Lael Chester, Selen Siringil Perker and Yohana

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Emerging Adult Justice Project

Defining the age of juvenile justice jurisdiction:

Current practices and the need for reform

May 29, 2018 World Congress on Justice for Children, UNESCO, Paris Lael Chester, Selen Siringil Perker and Yohana Beyene

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Rightsizing Juvenile Justice System: AGE MATTERS

Child Welfare System Juvenile Justice (Delinquency) System Adult Criminal Justice System

Formal or informal processing under civil law; community-based family-centered mechanisms

Formal processing with rehabilitation focus Formal processing (with harsher sentences)

http://justicelab.iserp.columbia.edu/emergingAdultProject.html

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CHALLENGE: Balancing fixed legal demarcation lines with developmental needs of youth

Dynamic developmental needs of youth

Childhood  Adolescence  Emerging/Young Adulthood  Adulthood

Growing variation in age of criminal responsibility (lower age) and demarcation line between juvenile justice and adult criminal justice system (upper age):

Over time:
Increasing research evidence on cognitive and emotional development of children and youth
International children’s rights movement: United Nations Convention on the Rights of the Child,

Beijing Rules

U.S.A.: Recent legislative interest to increase both lower and upper age across the states
By Jurisdiction
U.S.A: State-by-state variation

http://justicelab.iserp.columbia.edu/emergingAdultProject.html

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http://justicelab.iserp.columbia.edu/emergingAdultProject.html

Source: Office of Juvenile Justice and Delinquency Prevention and National Juvenile Defender Center (2016) Edited and updated by Columbia Justice Lab in May 2018.

Unsettled Lower Age of Juvenile Justice Jurisdiction: United States of America

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94.68 46.5 37 28.8 28.6 27.02 21.38 20.87 20.7 20.23 17.09 16.23 14.56 14.09 12.69 10.42 9.85 7.09 5.8 4.59 2.29 1.01 0.58 USA Cyprus Colombia Hungary Romania Costa Rica Estonia Hong Kong Lithunia Ukraine Russian Federation Australia Kosovo Mexico Slovakia Burundi Austria Bulgaria New Zealand Serbia Sweden Finland Slovenia

International Youth Incarceration Rates (per 100,000 in 2010)

Source: United Nations Office on Drugs and Crime (2011)

U.S.A. incarcerates youth at a substantially higher rate than any other country.

http://justicelab.iserp.columbia.edu/emergingAdultProject.html

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Rightsizing Juvenile Justice System: UPPER AGE

Child Welfare System Juvenile Justice (Delinquency) System Adult Criminal Justice System

Formal or informal processing under civil law; community-based family-centered mechanisms

Formal processing with rehabilitation focus Formal processing (with harsher sentences)

http://justicelab.iserp.columbia.edu/emergingAdultProject.html

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Upper Age of Juvenile Justice Jurisdiction: United States of America

In the US, by 18th birthday at the very latest, all youth are automatically tried

and sentenced as an adult (same as a 50-year-old).

Youth under 18 can also be tried as an adult depending on the type of
ffense.

Emerging Adults: A term first coined in 2000 by psychologist Jeffrey

Arnett. It invokes the critical developmental period, in which a child

who is dependent on parents or guardians for supervision and guidance (as well as emotional and financial support) transitions into a fully mature, independent adult who engages as a productive and healthy member of society. In the context of criminal justice, we define “emerging adults” as individuals transitioning from childhood to adulthood, from the age of 18 to 25. This population is also often described as “young adults” or “transition-age youth”.

http://justicelab.iserp.columbia.edu/emergingAdultProject.html

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Emerging adults have a disproportionately large share in adult criminal justice system with poor outcomes.

10% 29% 21%

U.S.A. (2012)

Share of Emerging Adults in Criminal Justice, U.S.A.

Share in population Share in arrests Share in incarceration

Source: U.S. Census, Federal Bureau of Investigation, and Carson & Gollinelli (2014)

3-Year Recidivism Rates

18-to 24-year-olds, U.S.A (2005 Release Cohort) Rearrested (76%)

Sources: Durose, Cooper & Snyder (2014); Council of State Governments Justice Center (2017).

Non-recidivist (24%)

http://justicelab.iserp.columbia.edu/emergingAdultProject.html

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Racial and ethnic disparities of emerging adults in the criminal justice system are stark.

Black male 18-to 24-year olds

compromised nearly 40% of all emerging adults admitted to state and federal prisons in the U.S.A. Overall, they are 7 to 9 times more likely to end up in prison compared to their white peers.

Racial and ethnic disparities are

higher for younger cohorts (ages 18- 19).

56 191 568 White Hispanic Black

Incarceration Rates by Race and Ethnicity per 100,000 18-to 19-year olds, United States, 2013

Source: Prisoners in 2012: Trends in Admissions and Releases, 1991–2012, NCJ 243920. Data Source: National Corrections Reporting Program yearend census records, National Prisoner Statistics program.

http://justicelab.iserp.columbia.edu/emergingAdultProject.html

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Relatively few emerging adults start criminal career after age 25, most “age out” of crime by 25.

Age- Crime Curve

2000 4000 6000 8000 10000 12000 14000 16000 18000 10-12 13-14 15 16 17 18 19 20 21 22 23 24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 Arrests per 100,000 Age group

Males Females

Source: FBI Uniform Crime Report

http://justicelab.iserp.columbia.edu/emergingAdultProject.html

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Developmental factors and milestones in transitional period to adulthood

http://justicelab.iserp.columbia.edu/emergingAdultProject.html

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Opportunities for positive interventions

Individualized and effective treatment (e.g., MST-EA)
Family involvement (w/ family defined broadly)
Education (special educational services) and vocational training
Supervision and support
Community organizations with expertise and experience

Most of these are deeply embedded in the juvenile justice system but not in the adult criminal justice system.

http://justicelab.iserp.columbia.edu/emergingAdultProject.html

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U.S. TRENDS in Emerging Adult Justice

Specialized courts – e.g., San Francisco, CA, and North Lawndale, IL
Specialized caseloads – e.g., San Francisco Probation Dept.
Specialized correctional units or facilities – e.g., T.R.U.E unit in the Cheshire Prison, CT, Middlesex

County House of Corrections in Billerica, MA, and Mountain View Youth Correctional Facility, ME

Other special procedures/enhanced protections – e.g., special parole provisions in CA for

individuals sentenced for offenses committed before their 26th birthday

Hybrid/youthful offender statutes for youths beyond their 18th birthday – e.g., CT, Washington

D.C., NY and VT

Expansion of the juvenile justice system – Legislation filed in 2018 in 4 states: IL, CT, VT (to raise

the age to the 21st birthday with IL bill proposing to raise the age for misdemeanors first) and MA (to the 19th birthday)

http://justicelab.iserp.columbia.edu/emergingAdultProject.html

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European Approaches to Emerging Adult Justice

20 out of 35 countries (57%) provide for either the application of

educational measures/rehabilitation provided by juvenile law or special rules concerning specific sanctions for young adults in the general penal law.

18 out of 35 countries (51%) provide special rules in the adult criminal

law concerning the mitigation of penalties for young adults.

10 out of 35 countries (29%) provide for the mitigation of sanctions

according to the general criminal law as well as the application of juvenile law sanctions.

http://justicelab.iserp.columbia.edu/emergingAdultProject.html

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GERMANY – interesting emerging adult justice model

Age of youth court jurisdiction in Germany
14th birthday to 21st birthday
Since 1953, 18, 19 and 20-year-olds have been treated in youth

justice system

Case outcomes involving emerging adults in Germany
67% result in youth sanction; 33% result in adult sanction (mostly

cases involving MV offenses)

Rape/murder: ~ 90% result in youth sanctions

http://justicelab.iserp.columbia.edu/emergingAdultProject.html

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Justice Lab’s educational trip to Germany (March 2018)

Massachusetts delegation in Berlin Court House

http://justicelab.iserp.columbia.edu/emergingAdultProject.html

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Emerging Adult Justice Project

Defining the age of juvenile justice jurisdiction:

Current practices and the need for reform

May 29, 2018 World Congress on Justice for Children, UNESCO, Paris Lael Chester, Selen Siringil Perker and Yohana Beyene