When it comes to criminal behavior, most jurisdictions create a clear line: At age 18, those entering the justice system are considered adults.
But that is beginning to change, says Lael Chester, director of the Emerging Adult Justice Project at Columbia University’s Justice Lab.
Research in neurobiology, developmental psychology and sociology all point to a new understanding about when adolescents shift into adulthood, and to new ways of thinking about their treatment in the criminal justice system, Chester says.
The field of emerging adult justice aims to account for the fact that young people up to 25 and sometimes older still exhibit the risky, impulsive behavior of adolescents, Chester says. In fact, young adults 18 to 25 have the highest rates of incarceration and recidivism and show a high racial disparity, with Black youths as much as nine times more likely to be incarcerated than their white peers. “That’s without any research indicating that youth of color behavior is significantly different than white youth,” she says.
But this group also benefits from efforts to set them on a different path through job training, counseling, mental health care and substance use treatment, Chester says.
Speaking to an NCSL meeting of state lawmakers and staffers who gathered to discuss families, children and justice, Chester says policies to better serve this group are “not just for those young people but for society as a whole, because if we invest smartly in them, we’re going to benefit everybody in our communities.”
‘Meet Them Where They’re At’
Chester says that society demonstrates it understands the needs of these early 20-somethings. Colleges, for example, establish guardrails and support systems for students in dorms and on campuses. She sees it where she works at Columbia University.
“There’s a lot of hand-holding. And so, when I’m supervising them, I also have been doing a lot more scaffolding support for them along the way. And as the years go by, I do less, right? I have expectations that they’re sort of in a different place developmentally,” Chester says. “We have to sort of meet them where they’re at,” and that should also apply to those in the criminal justice system.
Chester says research shows after young adults meet certain developmental milestones, criminal behavior abates.
“When they engage in meaningful employment, they desist from crime. That’s a classic example. Another one is stable relationships. We often worry about young people parenting and coupling and all those things, but actually, it’s a super important part of their development. They need to learn how to have healthy, trusting relationships. And so, when they do enter into those, they also can desist,” she says.
These young adults need mentors and role models to support them, she says, and there’s something else: “It’s really important these young people become mentors, that they be the helpers, that they step into those mature roles. Because when they practice those, they actually take them on and become mature and desist from crime.”
New Approaches
The Emerging Adult Justice Project has identified key reforms to serve this age group, and Chester says a growing number of states and jurisdictions are exploring new approaches.
The opportunity to clear criminal records is important because a clean slate can allow youth and young adults who have been involved in the justice system to move on with their lives without the limits caused by a record. Chester says a youthful record does not correlate to later criminal acts. Michigan, New York and Pennsylvania have laws that allow emerging adults to conceal or remove their record from public access.
“So, when you apply for a job, when you apply for school, when you apply for a mortgage, when you apply for housing, you do not have a record. It’s not just sealed, it’s gone,” Chester says. Research in Washington, D.C., showed “that element alone decreases recidivism rates by a very significant amount.”
Hybrid court systems bring some of the support and care provided in juvenile courts to emerging adults. These are more focused on rehabilitation than punishment, though Chester is clear that highly violent youthful offenders are not eligible and can be treated as adults, just as juvenile offenders can be. Offenders gain access to mental health care, job training and treatment for substance abuse that is separate from adult programs.
Vermont was the first state to extend its juvenile system to include ages 18 and 19; states including Colorado and Massachusetts are considering it.
Massachusetts became the first state to ban life without parole for young people ages 18 to 20. Writing for the majority, Chief Justice Kimberly Budd of the Massachusetts Supreme Judicial Court concluded, “Advancements in scientific research have confirmed what many know well through experience: The brains of emerging adults are not fully mature. Specifically, the scientific record strongly supports the contention that emerging adults have the same core neurological characteristics as juveniles have.”
Some correctional facilities have added emerging youth units that are “more therapeutic than punitive,” according to the Emerging Adult Justice Project. And courts and probation departments have also developed approaches to serve these emerging adult offenders. For instance, courts can direct them to appropriate services and closely monitor their progress; they may allow shortened sentences to offenders who meet program and job requirements. And probation officers are trained to understand brain development and behavior at that age so they can better support offenders on their path out of the criminal justice system, Chester says.
This burgeoning area of research is identifying several options for states to consider, Chester says, and she stressed programs aimed at emerging adult justice go hand in hand with public safety.
“And this is where you all are front and center,” she says. “What are the policy laws and structures that are needed? Where are you going to invest? How are you going to structure systems that allow emerging adults to develop into healthy adulthood?”
Kelley Griffin is a senior editor in NCSL’s Communications Division.