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

• DOI: http://doi.org/10.1111/fcre.12278
• Date: 01 April 2017
• Author: Scott E. Migden
• Published date: 01 April 2017

NOTES

THE INJUSTICE OF A FELONY CONVICTION FOR OFFENDERS

UNDER AGE TWENTY-ONE: A NEW OPTION FOR THE COURTS TO

SAVE OUR YOUTHS’ FUTURES

Scott E. Migden

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 alco-

hol 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.

Key Points for the Family Court Community:

This Note offers the courts an additional option to prevent first-time felony offenders under age twenty-one from

receiving a felony conviction and/or incarceration.

The proposal in this Note is not automatic; the offender must meet the eligibility requirements, and the court has the

discretion to determine if the offender deserves or has established his senior youthfulness.

While extending the age to twenty-one may sound like a slap on the wrist, the court may still impose an indeterminate

term of imprisonment of up to, but no more than, four years.

While this Note focuses on New York criminal procedure law and penal law, it is not intended to only target New

York, but rather to be used as an example on how all states should adopt this Note’s proposal.

Keywords: Adult; Brain Development; Cognitive Maturity; Emerging Adulthood; Felony Conviction; Senior Youthful

Offender; and Youthful Offender.

I. INTRODUCTION

Casey Jones

1

attended a local community college for one semester, but he rarely went to classes.

Eventually, he dropped out of college. Since then, Casey has been struggling to maintain employ-

ment due to battling substance abuse issues and an unstable life at home. Casey’s mother and father

are substance abusers as well, who struggle to maintain employment. Throughout Casey’s life, his

parents never monitored whether he was going to school or work or staying sober.

2

Casey also has

an older brother who is currently in prison. Despite his struggles and battles, Casey does not want to

end up like his mother, father, or brother. As a society, we share Casey’s desire for a brighter future,

to become a contributing member of society,

3

and obtain an education and steady employment.

Unfortunately, at nineteen years old, Casey did not have the support, guidance, resources, maturi-

ty, or cognitive ability to become the contributing member of society that he hoped for.

4

While in

New York, Casey knowingly and unlawfully possessed a controlled substance without considering

Correspondence: scottmig92@aol.com

FAMILY COURT REVIEW, Vol. 55 No. 2, April 2017 292–306

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C2017 Association of Family and Conciliation Courts