Reforming Juvenile Justice

Assistant Professor of Law Erin Fitzgerald

Being a law professor is deeply fulfilling. Each day, I engage with eager students ready to shape the future of law while sharing my legal experiences and research. This exchange of ideas, especially on topics like juvenile justice reform, provides fresh perspectives and keeps my passion alive.

Over the past 20 years, significant changes have reshaped the juvenile justice system. Many states have raised the age at which juveniles are treated as adults, limited transfer laws that send juveniles to adult court and expanded the availability of expungement. Many of these reforms are the result of recent research showing that the brain continues developing until about age 25. Because of their still-developing brains, juveniles are more responsive to treatment and rehabilitation — the key goals of the juvenile justice system.

Prior to teaching, I worked as an assistant attorney general in New Hampshire’s Criminal Justice Bureau. I participated in resentencing hearings for juveniles as a result of Miller v. Alabama, a landmark Supreme Court case that ruled mandatory life without parole for juveniles was unconstitutional. It reasoned that such sentences failed to consider factors like the youth’s immaturity, susceptibility to peer pressure, underdeveloped responsibility and risk-taking nature, which make juveniles less culpable and more capable of change than adults. Through my work, I saw firsthand why recognizing these unique traits is crucial for ensuring the justice system serves young people fairly. While I know the juvenile justice system isn’t perfect, I believe it is more suited than the adult system to meet the needs of juveniles.

I believe today’s students will be tomorrow’s leaders driving meaningful change.

My work focuses on how states decide whether a case belongs in juvenile court. Some states base this on the person’s age at the time of offense, while others use the age at the time of legal proceedings. Under the latter scenario, juveniles who reach the age of majority (i.e., 18) before their case is processed are tried as adults, even if they were underage when the offense occurred.

These “aged out” juveniles lose all the protections and benefits of the juvenile justice system and instead are subjected to the harsher adult system, where they face more severe consequences, including higher rates of recidivism, vulnerability to abuse and long-term struggles with employment and poverty.

I incorporate these insights into my teaching to educate and inspire the next generation of juvenile justice reformers. In my Juvenile Justice seminar, I encourage students to not only learn the laws and procedures, but to also challenge them by asking deeper questions, such as “Why do these laws exist?” and “How can they be improved?” This critical analysis prepares students to effectively advocate for change and integrity in the juvenile justice system.

Despite the progress made in the past two decades, there is still much work ahead. We must continue advocating for juveniles, who are the most vulnerable group in the justice system. I believe today’s students will be tomorrow’s leaders driving meaningful change.