Juvenile waivers to adult courts
Juvenile waivers to adult courts refer to the legal processes through which minors can be tried in adult criminal court instead of juvenile court. Historically, the United States established a separate juvenile justice system in 1899, focusing on rehabilitation rather than punishment. However, over time, various systems emerged that allowed for certain juvenile cases to be transferred to adult courts. By 2019, approximately 53,000 juveniles were tried as adults, a significant decrease from around 250,000 at the turn of the century.
There are three primary methods for waiving juvenile cases: statutory waiver, judicial waiver, and prosecutorial waiver. Statutory waivers involve state laws mandating that specific serious offenses committed by older juveniles be tried in adult courts. Judicial waivers require a court hearing where a judge evaluates the minor’s suitability for rehabilitation. Prosecutorial waivers allow prosecutors to directly file cases in adult court without a hearing. Concerns have been raised about the implications of these waivers, particularly regarding the increased likelihood of reoffending among juveniles tried as adults and the racial disparities in such decisions. Critics argue against exposing youths to adult penalties, emphasizing the importance of rehabilitation for young offenders.
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Juvenile waivers to adult courts
SIGNIFICANCE: Minors may be tried as adults in a number of ways, and the frequency with which this happens is on the increase.
At one time, the United States had no separate court system for juveniles, and all minors tried on criminal charges were tried as adults. However, within a few years of the establishment of the juvenile court system in 1899, virtually every US state had a separate juvenile justice system. In contrast to the adult criminal justice systems, the systems for juveniles were meant to emphasize rehabilitation rather than punishment. Eventually, however, many people agreed that there were some cases in which it was desirable to try certain minors as adults, and so several systems evolved that allowed juvenile cases to be waived, or transferred, to adult courts. By 2019, it was estimated that roughly 53,000 juveniles were tried as adults throughout the United States. This marks a substantial drop from an estimated annual 250,000 cases at the turn of the century.
A juvenile case can be waived through any of three major processes. The first of these is statutory waiver. For statutory exclusion, a state law specifies that for cases involving minors over a certain age who commit certain offenses, the case must be heard in adult court. In California, for example, juveniles over the age of fourteen who are accused of certain kinds of murders must be tried as adults. Roughly half of the states have statutory exclusions.
The second type of waiver is judicial waiver. Under this system, if a person over a certain age is accused of certain offenses, a hearing (often called a “fitness hearing”) is held. The judge considers several factors to determine whether the minor is amenable to treatment by the juvenile justice system. These factors might include the minor’s age and intelligence, as well the degree of complexity and sophistication of the offense committed by the minor. In 2024, nearly all states had some form of discretionary judicial waiver.
The third type, prosecutorial waiver, is also known as direct file. In states that permit this form of waiver, prosecutors may choose to file the cases of juveniles of specified ages who are accused of certain crimes in adult, rather than juvenile, courts. No hearings are required.
Modern Trends
In response to a publicly perceived upswing in juvenile violent crime during the early 1990s, many states began increasing the number of offenses for which juvenile cases could be waived to adult courts. They also lowered minimum ages for waivers and added additional types of waivers. As a result, increasing numbers of youths were being tried as adults. However, studies of juvenile justice have raised questions about the wisdom of this trend, as juveniles who are waived to adult courts have shown increased tendencies to become repeat offenders.
This trend also raises questions of racial justice. Cases of juveniles belonging to racial and ethnic minorities have been far more likely to be waived to adult courts than those of white juveniles—a trend that has been increasing disparities within the criminal justice system in the United States. Moreover, many critics believe that it is unethical to expose any youths to adult penalties and adult correctional facilities and to abandon rehabilitative attempts among young offenders.
Due to legislative changes in forty-four states and the District of Columbia, as well as federal funding incentives, the number of juveniles charged as adults in the United States has steadily decreased throughout the twenty-first century. Near the turn of the century, roughly 250,000 juvenile cases were tried in adult courts each year. In 2019, that number had dropped by 80 percent.
Bibliography
Fagan, Jeffrey, and Frank E. Zimring, eds. The Changing Borders of Juvenile Justice: Transfer of Adolescents to the Criminal Court. Chicago: University of Chicago Press, 2000.
"Implementing FOIA's Satutory Exclusion Provisons." Justice.gov, 6 Dec. 2022, www.justice.gov/oip/blog/implementing-foias-statutory-exclusion-provisions. Accessed 8 July 2024.
Mistrett, Marcy, and Espionza, Mariana. "Youth in Adult Courts, Jails, and Prisons." The Sentencing Project, 16 Dec. 2021, www.sentencingproject.org/reports/youth-in-adult-courts-jails-and-prisons/. Accessed 8 July 2024.
"Reducing Transfers to the Adult System." Juvenile Law Center. Juvenile Law Center, 10 Feb. 2015. Web. 26 May 2016.
Williams, Frank P., III, and Marilyn D. McShane, eds. Encyclopedia of Juvenile Justice. Thousand Oaks, Calif.: Sage, 2002.