NCJ Number
80823
Date Published
1982
Length
302 pages
Annotation
Findings and policy and research recommendations are presented from a national census of youth referred to adult courts in 1978, using data compiled from statistical, legal, and opinion research.
Abstract
A literature review of the juvenile waiver to the adult court groups the topics around (1) who actually decides which juvenile will be referred, (2) how judges or prosecutors decide to waive, and (3) what factors determine whether waivers will occur. An overview of the results of the legal research draws from a survey of State statutes that documents the use of a variety of procedures for prosecuting youth in adult courts. States were found to use one or more of courts' legal mechanisms: judicial waivers, concurrent jurisdiction, excluded offenses, or where (as is the case in 12 States) the age of criminal court jurisdiction is below 18. A summary of the results of the national census indicates the total number of youth prosecuted in adult courts in 1978 and how many youth entered adult courts through each legal mechanism in each State and county. Onsite case studies from the following 10 States are summarized: California, Colorado, Florida, Massachusetts, Minnesota, Nebraska, New York, Oklahoma, Pennsylvania, and Washington. The history of the transfer mechanism in each State is documented, and personal interviews offer an insider's view of the effects of trying juveniles in adult courts. Those who know the system best offer recommendations for improvement. The concluding chapter synthesizes the study findings and offers research and policy recommendations. The appendixes present details on the study methodology, statutory references for the various transfer mechanisms, and data on the maximum age of initial juvenile court jurisdiction and courts having jurisdiction over juvenile traffic cases in 1978. For State profiles on youth in adult courts in States of the Southeast region, see NCJ 80828.