Until this year, Louisiana’s Raise the Age Act kept most 17-year-olds in the juvenile justice system. But in April, Governor Jeff Landry’s special session on criminal justice repealed the law, citing rising violent crimes and the need for stronger deterrents. Now, Louisiana is one of only five states that allows 17-year-olds to be prosecuted as adults.

Though Louisiana lawmakers responded to public concerns of crime, there is little evidence suggesting that prosecuting young people as adults effectively deters crime.

In fact, evidence demonstrates that youth-specific programs in the juvenile justice system promote public safety by reducing the likelihood of criminal behavior. It also shows prosecuting young people as adults undermines effective rehabilitative efforts for young people, exacerbates racial disparities, and contributes to mass incarceration.

Sending young people to adult correctional facilities worsens immediate and long-term outcomes

The juvenile and adult criminal justice systems have key differences.

• Education: In juvenile facilities, young people continue their age-appropriate education. Although many adult facilities offer educational programs, the curriculum may not be adequate or appropriate for young people.
• Programs: Juvenile facilities prioritize rehabilitation through programs that focus on their age-specific needs. Without access to education and counseling, young people are more likely to reenter the criminal legal system, putting public safety at greater risk.
• Effects on personal and public safety: Adult correctional facilities worsen public safety because they take a severe physical and mental toll on young people (PDF), often leaving them in worse condition upon release than when they entered. To comply with federal laws and guidelines requiring the separation of juvenile and adult detainees, incarcerated young people are often kept entirely in solitary confinement. Solitary confinement can cause severe mental health concerns because of the physical harm incurred from the lack of exercise and the inability to move around. And because young people are more likely to be victimized by adults, young people incarcerated in adult facilities have a higher risk of sexual violence and higher rates of suicide.

Treating 17-year-olds as young people in the criminal legal system increases their potential for change

Young people have a unique capacity for rehabilitation and change, which is crucial for enhancing public safety. Research and US Supreme Court rulings affirm that young people’s brains are still developing, making them more susceptible to impulse decision-making and peer pressure, but they’re also capable of change.

Treating young people as adults not only disregards their potential for change but also subjects them to harms that undermine their growth and future. Once a child is charged and convicted in the adult system, the charge remains on their record permanently, making it difficult to apply for jobs, housing, or school (PDF). Barriers to jobs and adequate housing (PDF) for those with convictions, even as young people, ultimately increases the risk of recidivism, as they could be cited for violating curfews or sleeping in outside areas, leading to further charges and potential incarceration.

A return to policies like Raise the Age laws could offer 17-year-olds more opportunities for rehabilitation, allowing them to continue their education, access essential services, and pursue paths that may reduce involvement in the criminal justice system.