The Youngest Adults: Examining New York's Youthful Offender Law

• In Event: Juveniles and Sentencing Issues

Abstract

New York remains one of only two states to process all 16 and 17 year olds in adult court. However, the state maintains a Youthful Offender Law that extends mitigated punishment and mandatory sealing of records to eligible offenders ages 16 to 19. This policy appears to fit well with Barry Feld’s (1997) argument for a social policy that “formally recognizes youthfulness as a mitigating factor,” while “uncoupling social welfare from criminal social control.” Although there is a push to raise the age of juvenile court jurisdiction back to 18 in New York, no empirical evidence exists evaluating the effectiveness of the current policy. This research, which was part of a larger project funded by the National Science Foundation, analyzes a population of 16 through 21 year olds sentenced in New York criminal courts from 2001 to 2006 to determine 1) what type of offender/youth actually receives the youthful offender status 2) if and how this designation mitigates outcomes and 3) whether such mitigation benefits youth in relation to future offending behavior. Results are discussed as they relate to the continued debate regarding the efficacy and desirability of processing youth under the age of 18 in adult courts.

Author

• Megan Kurlychek, University at Albany, SUNY