Analysis & Future Directions

Summary of Findings

The neuroscientific, criminological and sociological literature summarized above strongly suggest dealing with emerging adults in the justice system as a distinct group from older adults.

Neuroscience supports the notion young adults may be less morally blameworthy or culpable due to their not-yet-fully-developed brains, with implications for charge assessment policies/practice and sentencing.

Relying on incarceration as the primary response to emerging adults’ criminal misconduct is counterproductive to the developmental tasks of this period, prevents successful transitions to adulthood, and makes it more, not less, likely that an individual will commit more crimes in the Future.

Lindell & goodjoint juvenile law centre 2020

More importantly, the current literature makes the case for distinct approaches to this population with respect to the legal process, administration of sentences, case management, rehabilitative programming, and social supports. Recognition of the emerging adult brain as still developing and malleable means approaches to this population should capitalize on opportunities to support healthy brain development and encourage desistance from future offending. Interventions which may further compromise healthy brain/cognitive development, such as segregation and other punitive approaches, should be avoided.

A distinct approach to young adults in the justice system, which recognizes and addresses developmental and rehabilitative needs, can and must also address accountability, public safety, and impact on victims of crime. As with the Youth Criminal Justice Act, it is possible to have a criminal justice approach to young adults which “…takes into account the interests of victims, fosters responsibility and ensures accountability through meaningful consequences and effective rehabilitation and reintegration…”Footnote 49 The youth crime rate in Canada has been on a long downward trend for over two decades,Footnote 50 indicating the more rehabilitative and less punitive approach of the Youth Criminal Justice Act has not compromised public safety.

Moving Forward – Suggested Approaches

Following are approaches for consideration at each stage of the justice system. Proposals are based on the research literature, examples from other jurisdictions, initiatives currently underway in Canada, and discussions among and between government officials and community agency leaders. As with the environmental scan, this is not intended to be an exhaustive list; additional ideas/models will emerge from further discussion, including critical input from those with lived experience.

To ensure positive outcomes, potential changes to legislation, policy, and practice regarding young adults in the justice system must address risk factors and needs of this population and avoid measures which increase risk to reoffend. Special attention must also be given to ensuring legislative and policy/practice changes accommodate distinct needs of female, Indigenous, racialized, and non-binary young adults in the justice system. Initiatives must recognize the factors which lead members of these groups into conflict with the law, as well as program interventions which are responsive to their needs.

Investigation / Charge Assessment

Measures at this initial stage of the justice system should include enhanced procedural protections and recognition of potentially reduced moral blameworthiness / culpability, as well as options to avoid the long-term negative implications of a criminal record or conversion of a youth court record to the status of an adult criminal record. Options to consider:

Bail / Pre-trial Detention

Measures at this stage should consider the negative impacts of detention, both in terms of the custodial environment as well as the potential loss of employment, housing, and other social supports which may protect against further offending. Options to consider:

Court / Trial Procedures & Sentencing

As with earlier points of contact, measures related to court proceedings involving young adults should consider potentially diminished cognitive functioning and reduced moral blameworthiness / culpability of young adults and the long-term negative implications of a criminal record or conversion of a youth court record to the status of an adult criminal record. Options to consider:

Correctional Services

Custodial options for, and community supervision of, young adults should be responsive in both approach and content. Custodial services should avoid the negative impacts of association with an older, more entrenched offender population, as well as more punitive disciplinary measures such as segregation, given the negative impact of social isolation on the developing brain. Programming for young adult offenders should include increased emphasis on education, life and job skills training, counselling, release planning and transitional support. Case management and community supervision of young adults should emphasize their greater need for guidance and support in accessing community-based treatment and services.

Custodial options to consider:

Options to consider for community supervision:

Additional Legislative Considerations

The literature on young adults in the justice system includes discussion of extending the age jurisdiction of youth justice legislation versus treating young adults as a discrete category.Footnote 52 The literature also debates benefits and drawbacks of dedicated young adult courts.Footnote 53 There are philosophical, practical and political considerations for each.

Based on the literature reviewed for this paper, and knowledge of the Canadian context, the author encourages an approach which recognizes young adults as a discrete population within the criminal justice system. This approach would be consistent with the notion of emerging adulthood as a developmental stage distinct from adolescence and adulthood. As well, some provisions of the Youth Criminal Justice Act such as notification to parents and separation from older adults during short periods of detention, may be less relevant to young adults.

Legislative options for consideration:

The author cautions against establishing dedicated young adult courts. Such courts would only be practical in larger urban settings; those living in smaller/rural communities would not benefit, including many Indigenous young adults who live in geographically isolated areas. A better approach would be to identify the elements of a specialized court which would assist young adults (e.g. specialized training/expertise of court personnel, greater collaboration in planning and supervising sentences, improved access to relevant programs/services) and ensure these elements are applied to young adults in the justice system more broadly.

Additional Policy, Practice and Training Considerations

Opportunities to enhance the approach to young adults in the justice system are available pending and/or independent of substantive legislative change.

Educational resources and training for justice system personnel regarding adolescent brain development and emerging adulthood would increase awareness and benefit future policy and practice related to this age cohort.

Existing capacity in the youth justice system could be accessed to incrementally extend services to emerging adults, for example: