Q: Is it lawful for the state of New Jersey to sentence a youthful offender under the age of 20 to a longer sentence than a

A: Yes, in New Jersey once you are 18 years of age you are considered an adult and subject to adult penalties. Now their is a mitigating factor a sentencing Judge must consider for offenders under the age of 26 but this does not bring the sentencing range back down to what it would be for a juvenile offender. For example, a 1st Degree robbery for an adult carries with it a sentencing range of 10 to 20 years with an 85% period of parole ineligibility for offenders 18 years and older. For a juvenile offender of 17 years of age though the sentencing range is between 1-4 years in juvenile detention. However, any juvenile offender who commits a select list of crimes (robbery included) at the age of 14 or older can be waived up to adult court by motion of the Prosecutor. So that mitigating factor in adult court for being under 26 years old may help you get a sentence closer to the minimum 10 years (or as low as 5 years in very rare cases) it will never allow you to be treated as a juvenile offender.

A: While the most up-to-date developmental psychology studies tell us that the prefrontal cortex--the part of the brain that comprehends complex issues like the consequences of our actions--isn't fully developed until we're about 26, the law in New Jersey (as well as federal law) has not changed the age of adulthood to match the science. As a result, a new law passed in 2020 added the mitigating factor referred to in the previous answer. At sentencing, a defense attorney argues to the court which mitigating factors apply to the specific defendant and case. If the defense lawyer successfully makes the argument that it applies, the sentencing judge will take into account that the adult offender falls into the age range where the brain isn't fully developed. That said, the difference between being treated as an adult offender versus being treated as a juvenile offender is significant no matter what the degree of offense, and the maximum exposure for an adult offender always substantially outweighs the worst-case scenario sentence for an offender who remains in the juvenile justice system. New Jersey's juvenile waiver law changed in 2016 and now the most serious offenses--if committed by a minor aged 15+ years old--can make that minor subject to waiver to the adult criminal justice system, where their age no longer keeps them from the most serious possible sentences.

Every defendant, no matter what age or type of court before which they appear, should be judged and sentenced in accordance with facts relevant to the defendant in particular and the case at bar. It can be tempting to compare two individuals, even if they're being sentenced for the same offense committed together, but for many reasons, it's not a fair comparison. When comparing an adult and juvenile offender in the same circumstances and considering all other variables to be equal, you're dealing with an apples-to-oranges comparison. The philosophy of juvenile justice differs substantially from the adult system, and there is significantly more focus on punishment, deterrence, and incapacitation of adult offenders than there is on juveniles, who are considered to be redeemable and rehabilitatable in a way their adult counterparts simply are not.