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Juveniles in the Criminal Justice System

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Should Juvenile Offenders Be Tried As Adults? A Developmental Perspective on Changing Legal Policies

Laurence Steinberg

Temple University and The John D. and Catherine T. MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice

Paper presented as a part of a Congressional Research Briefing entitled “Juvenile Crime: Causes and Consequences,” Washington, January 19, 2000. Address correspondence to the author at the Department of Psychology, Temple University, Philadelphia, PA 19122, or at lds@vm.temple.edu.

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I'd like to talk today about recent changes in juvenile justice policy that are being implemented despite a full consideration of what research on child development has to say about the wisdom …show more content…

Technically, this would not be considered a "transfer." We know that there has been a steady increase over the last 15 years in the number of cases waived by judicial discretion — the number has doubled — but that the rate of transfer by this method has not increased and is still very low. Less than 2% of cases are waived by judges. There is still no national system of record-keeping about juvenile cases transferred through direct file or statutory exclusion, although we know that these mechanisms are replacing judicial waiver as a mechanism for transferring juveniles to criminal court. If we extrapolate from some regional studies of direct file, it appears that more juveniles are transferred by prosecutors than by judges. Rough estimates suggest that about 27,000 juveniles were prosecuted in criminal court in 1996, but this does not include adolescents who are under 18 but who are above the age of juvenile court jurisdiction in their state. Some estimates place this figure at about 180,000 per year. In other words, by one mechanism or another, more than 200,000 individuals under the age of 18 are prosecuted in criminal court each year. There are three trends in the data worth noting. First, the proportion of juveniles prosecuted as adults is growing, primarily because states are adding more and more offenses to the list of crimes that are excluded from the juvenile court. Second, a very large

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