politicsanalysisThe Conversation
Can kids go to prison? A legal expert explains how young people can be tried and sentenced as adults
The United States has a separate youth justice system, but people under 18 can be tried in adult courts and held in adult jails and prisons for certain crimes. The system exists because the parts of the brain that control emotions and actions finish developing in the mid-20s, and most young offenders grow out of crime. The Supreme Court has barred the death penalty for under-18s, and in 2012 it ruled that mandatory life without parole for them was unconstitutional. At the end of 2025 nearly 32,000 youth were confined, about 8 percent of them in adult jails and prisons, and 28 states plus Washington, D.C. send some youth to adult courts automatically.
The adult-court rules matter because a child's age and maturity are central to how the law judges responsibility. Studies cited by the authors found that youth transferred to adult prisons are 34 percent more likely to commit new crimes after release, and 24 states have no minimum age for juvenile court.
Illustrative photo · McGhiever, CC BY-SA 4.0, via Wikimedia Commons
