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Youthful offender

Definition

1)  An adolescent or young adult convicted of a crime.  States usually allow youthful offenders to choose special correctional programs not available to adult offenders.

2)  A juvenile delinquent.

Illustrative caselaw

See, e.g. Graham v. Florida, 130 S.Ct. 2011 (2010).

See also

Definition from Nolo’s Plain-English Law Dictionary

Someone under the age of 18 accused of a crime, who is processed through a juvenile court and juvenile detention or prison facilities instead of regular court, jail, and prison. Courts may have the latitude to try some young defendants as adults, particularly those who are repeat offenders, appear to be beyond rehabilitation, or are involved in major crimes like murder, manslaughter, armed robbery, rape, or aggravated assault. (See also: juvenile delinquent)

Definition provided by Nolo’s Plain-English Law Dictionary.

August 19, 2010, 5:27 pm

 

Running late for class, Emily enters a store for a pack of gum.  She stands in line to pay, but becomes frustrated when the cash register breaks down.  Emily decides to just grab the gum and go.  After the cashier tries to stop her, she pushes him out of the way.  Emily runs out of the store, but a security guard stops her a block away. 

Emily is convicted of petit larceny and assault.  She is a college student and 20 years of age.  Under the laws of her state, she is eligible to be sentenced as a youthful offender.  Instead of any jail time, Emily is sentenced to an innovative correctional program in which she will learn stress management skills and write an essay for anonymous publication by the state.

"Admittedly, my analysis of the case enables the respondent to obtain a double benefit from his youth.  That he was barely 17 years old when he committed the offense is itself a mitigating circumstance; it also serves to shield any earlier misbehavior from scrutiny when his life is at stake.  I believe, however, that such a double benefit is entirely appropriate when a State seeks to take the life of a young person.  To deny that benefit undermines important protections that the law has traditionally provided to youthful offenders because of their lesser moral culpability and greater potential for rehabilitation.  It is doubly disturbing that the Court act, summarily in this case, thus expediting the execution of a defendant who, I firmly believe, should not be eligible for the death penalty at all."

Delo v. Lashley, 507 U.S. 272, 288-89 (1993) (Stevens, J., dissenting).