Sentencing Young Adults (18-25-year olds): Taking Account of Maturation and Life-course Transitions

• In Event: Courts and Sentencing and Penal Decision Making 3. The Interplay of Legal and Extra-Legal Factors in Sentencing

Abstract

‘Young adults’ in the criminal justice system are receiving focused attention across a number of jurisdictions. This is linked to scientific evidence associating the young adult life-phase with processes of psycho-social development that impacts ‘maturity’ and influences patterns of offending. This paper focuses on court sentencing in regard to young adults, specifically to learn from international legal policy and approaches in European and other countries that embed social pedagogic principles as effective ways to curtail re-offending. The paper argues greater attention is needed on the sentencing stage of the criminal justice process and on the aims of sentencing particularly. The English and Welsh justice system is used as an example, with the assertion that a retributive sentencing policy is mainly pursued. Important changes have been made through the formal guidelines of the ‘Sentencing Council that direct judges to take account of social background factors and maturity when sentencing, yet there is room for wide variation in application. The paper argues that the specialist young adult court model as implemented in New Zealand and Brooklyn, USA focuses attention on the distinctive needs of young adults; can ensure better consistency and embeds a courtroom culture that prioritises welfare, rehabilitation and social justice values. The paper highlights a research evaluation study the author is co-leading on a young adult probation pilot project in East London as illustrating a shift in practice. The courts too, have a role to play in their front-line sentencing position and without a national level policy commitment, we fall short of addressing the overriding evidence that young adults should be treated as a distinct group within the criminal justice system.

Author

• Jenni Robyn Ward, Middlesex University