States Reviewing Age of Adulthood for Criminal Offenders

April 15, 2011

States Reviewing Age of Adulthood for Criminal Offenders

All states have separate court systems and correctional facilities for children and adults. Where states differentiate is in how they define children. Thirty-seven states consider the age of adulthood for crimes to be 18 years. Eleven states treat 17 year-olds as adults when prosecuting crime. New York and North Carolina treat all 16 year-olds as adults when it comes to criminal matters.

The trend the past decade has been to increase the age of adulthood. This is a reversal, as throughout the 1980s and 90s states lowered their age of adulthood for criminal cases, mainly in response to low sentencing for violent crimes committed by teenagers. However, questions regarding the efficacy of prosecuting 16 and 17 year-olds for non-violent crimes as adults have arisen in recent years.

Research suggests that 16 and 17 year-olds do not have fully formed decision-making capability, and benefit more from rehabilitation than mere incarceration. Juvenile systems tend to have more services available that attempts to re-direct the behavior of the delinquent youth.

Connecticut recently changed its age of adulthood for crime, going from 16 years in 2010 to 18 years in 2012. North Carolina has had recent legislation to raise its age from 16 to 18, but it has not passed for financial reasons. Juvenile convictions tend to cost more.

Sentencing in juvenile court varies by state and offense, but can range from community service to incarceration in a juvenile facility.

Differences between criminal court and juvenile corrections include:
-Juvenile records are sealed -- making it easier for delinquent youths to find a job as an adult
-Increased staff per incarcerated child
-Focus on rehabilitation and education

States Maintain the Right to Prosecute Serious Offenders as Adults

Despite the trend of increasing the age of juvenile offenders, all states allow exceptions to the rule in the case of serious crimes. In some states there is no minimum age for a child to be tried as an adult, at least for capital offenses such as murder. Overall, however, the amount of children and teenagers charged as adults is a small percentage compared to the number of juvenile convictions per year.

If your child has been charged with a crime, consult with a criminal defense attorney to help you understand your child's rights.

Article provided by Stephen E. Dawley, P.C., Attorney at Law
Visit us at http://www.stephendawley.com