The Injustice of a Felony Conviction for Offenders Under Age Twenty‐One: A New Option for the Courts to Save Our Youths’ Futures

Abstract

When the Criminal Justice System adjudicates an individual felony offender, it complicates many aspects of that individual's life; from applying for colleges, and jobs to attempting to become contributing member of society. In New York, to prevent seven‐ to sixteen‐year‐old youth who commit felony offenses from becoming felony offenders, the courts prosecute them as juvenile delinquents or juvenile offenders. In the United States, individuals under the age of twenty‐one cannot purchase alcohol or tobacco and cannot get married without parental consent, but they can be charged with a felony. Before and even after reaching the age of twenty‐one, individuals are still in need of guidance, support, education, employment, and stability as brain development is still ongoing. To help protect those who have not reached the age of twenty‐one, states should implement Senior Youthful Offender Hearings as proposed in this Note. This hearing is a two‐part hearing: (1) determine if an individual should be considered eligible for the protections under the current Youthful Offender Laws and (2) determine sentencing and alternatives to incarceration, focused on steering Senior Youthful Offenders on the right path.