Second Chances Resource Library

This Guide is intended to support attorneys and judges in familiarizing themselves with the contours of the relevant science and how it can be applied to individual cases. A working knowledge of developmental and brain science allows attorneys and judges to make best use of what a juvenile defendant’s life course, circumstances of an alleged offense, and expert evaluations and opinions can tell them to assist in understanding a defendant. For attorneys, this facilitates preparing a case, educating the legal finder of fact, and making optimal use of expert testimony. For judges, this facilitates science-informed decision-making at all trial and appellate phases of a case involving a juvenile or young adult. The goal is to position each individual young defendant within a developmental trajectory comprised of biological, psychological, and social domains. A significant majority of cases will ultimately reflect “transitory immaturity,” a feature of adolescence which will resolve as adolescents mature, resulting in desistance from criminal misconduct. Science-informed decision-making and evidence-based interventions can guide rehabilitation and reduce recidivism (thereby improving community safety) while avoiding or minimizing the negative impact of common responses (such as overuse of detention and incarceration) that can inadvertently compromise positive youth development and increase recidivism. A better understanding of late adolescent brain and behavioral development can transform how the legal system and policy makers respond to late adolescents who offend. By educating decision-makers and advocates, this White Paper informs the criminal justice system and policy makers through providing an updated research perspective on late adolescence and supporting public safety by reducing recidivism through developmentally aligned accountability and empirically based processes and interventions.