REVISITING JUVENILE WAIVER: INTEGRATING THE INCAPACITATION EXPERIENCE

More than 20 years after an expansion of juvenile transfer policies, questions remain regarding the specific deterrent effect of juvenile waiver given the singular focus on the court of jurisdiction and neglect of other critical aspects of the provision, such as the incapacitation experience. Prior...

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Bibliographic Details
Published in:Criminology (Beverly Hills) 2018-02, Vol.56 (1), p.154-190
Main Authors: AUGUSTYN, MEGAN BEARS, MCGLOIN, JEAN MARIE
Format: Article
Language:English
Subjects:
Adults
costs of crime
Courts
criminal capital
Criminology
Educational attainment
human capital
Incapacitation
incarceration
Jurisdiction
Juvenile justice
juvenile waiver
legal socialization
Life transitions
Masks
Propensity
Recidivism
Waivers
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Summary:More than 20 years after an expansion of juvenile transfer policies, questions remain regarding the specific deterrent effect of juvenile waiver given the singular focus on the court of jurisdiction and neglect of other critical aspects of the provision, such as the incapacitation experience. Prior research has also not been focused on identifying the mediating mechanisms that produce criminogenic, null, or deterrent effects. We use data from the Pathways to Desistance Study, propensity score methodology, and mediational analyses to examine how and why the waiver‐incapacitation experience is related to recidivism rates during emerging adulthood. We find that the prior focus on a binary “waiver effect” is potentially misleading as it masks meaningful variation. Furthermore, we find that the path to increased recidivism in emerging adulthood is indirect and we identify stymied educational attainment as a mediator. Our discussion is focused on the criminogenic effects of incapacitation for juveniles and its implications for juvenile transfer research. The discussion also calls for future research to explore treatment heterogeneity further.
ISSN:0011-1384
1745-9125
DOI:10.1111/1745-9125.12165