ABSTRACT

Juvenile Offenders, like 16- and 17-year-olds charged with violent felonies, face mandatory state sentences of incarceration unless the court makes a finding of a Youthful Offender adjudication, which replaces the criminal conviction. In 2005, the United States Supreme Court decided Roper v. Simmons, in which it recognized research findings on adolescent brain development as a mitigating factor in sentencing. The Adolescent Intervention and Diversion Project (AID) represents teenagers ages 13-18 charged in the adult court system with misdemeanors and felonies in New York City. The underpinnings of a youthful offender adjudication may involve a combination of legal basis and a client's social-emotional development. Meaningful attempts to divert youth from a criminal involvement should strive to increase academic engagement and build academic competence. Adolescents are defined by mutability, and have the potential to become successful participants in their communities. They must, however, be given an opportunity to learn from their past wrongdoing and enter adulthood without a criminal record.