Transfer to adult court

Question 1

Waiver to criminal court

Answer 1

-Juvenile courts have jurisdiction over certain cases, jurisdiction is typically based off of age of the offender and geography
-However, juvenile court acts have a waiver of juvenile court’s jurisdiction over certain offenses committed by minors of certain ages
-Then, a judge waives the protections that juvenile court provides
-Being tried in an adult court means more constitutional protections but also means the possibility of a more severe sentence and may serve time in an adult correctional facility

Question 2

Theoretical rationale

Answer 2

-Theoretically, the benefits of waiving youthful offenders to adult court are
possible through both general and specific deterrence
-This is the belief that offending can be prevented/reduced when the costs
of breaking the law are seen as being greater than the benefits
-Juvenile court is centered on serving best interests of children and providing individualized treatment
-Deterrence doesn’t work on juveniles, they don’t think long term

Question 3

Types of waivers ***

Answer 3

-Discretionary
waiver
* Judge determines
whether youth should
be transferred
* Waiver is not required
* Serious offenses and/or
habitual or serious
offender
* Criteria for
waiver is vague
-Presumptive
waivers
* Policy identifies
specific types of crimes
in which a waiver is
most appropriate
* Youth must meet age
limit, offense, and
other statutory criteria
* Judge uses criteria to
make an argument for
or against transfer
-Automatic waivers
* Youth is automatically waived to adult
court when youth meets certain age,
offense, and prior record criteria
* Mandatory waiver proceedings start in the
juvenile court then immediately moved to
adult court

Question 4

Rights when being waived: Kent ***

Answer 4

-Kent case – ensured juveniles
waived to adult court had
several rights, including:
* A full hearing on the issue of a waiver
* Assistance of legal counsel at the hearing
* Full access to the social records used to
determine if transfer should be made
* Statement of reasons why youth is being
waived to adult court

Question 5

Waiver Considerations

Answer 5

-Some states have developed criteria for the judge to consider, such as:
* Seriousness of offense
* Age of minor
* Culpability
* Possession of a deadly weapon
-If waived, criminal court is
harsher and has long lasting
effects:
* Felony sentencing that stays on your
criminal record
* Exposure to adults in prison can be
dangerous

Question 6

Waiver laws then and now

Answer 6

-Transfer laws in general proliferated
and expanded dramatically during the 1980s and 1990s
-Nearly every state revised or rewrote its laws to broaden the scope of transfer
-Since then, however, some states have
rolled back the provisions that made it
easier for more youth to be tried in criminal
court
-By 2019, the state transfer landscape had changed

Question 7

Disparities in waivers ***

Answer 7

-In 2018, males accounted for 92% of all waived cases in the U.S.
-Black youth are waived to adult court at greater rates than their White peers
-The number of judicially waived cases involving White youth declined 61% between 2005 and 2018, while the number of judicially waived cases involving Black youth during that same time period declined 15% and the number involving Hispanic youth decreased 16%

Question 8

What was the central research question?

Answer 8

-Policy essay, provides an overview of research on juvenile transfers to adult court to date
-Guiding question is “does transferring juvenile offenders to the adult criminal justice system produce a specific deterrent, criminogenic, or null effect?
-It also talks about public opinion of transfers to adult court and whether they should continue

Question 9

Essay roadmap

Answer 9

-Key points?
-Theoretical rationale: deterrence
-Overview of meta analysis: reviewed all of the studies on transfer to adult court
-Findings from a meta analysis: At best, transfer to adult court has no effect on
future offending. At worst, those who are transferred were more likely to offend
-Relevant Research & Policy: Practitioners
thought the most effective policies focused
on individualized treatment and rehabilitation for youth

Question 10

Conclusions/policy implications

Answer 10

-What were some general conclusions/policy
implications?
* We need more robust research designs
to determine the “true” effect of juveniles
transfer on recidivism
-Some studies have found that transferring
youth to adult court can result in unequal
treatment