Transferring Pre-Teens to Adult Criminal Courts: Searching for a Justification

This research examined the demographic and offense‐related characteristics of 1,488 children who were 12 years of age or younger when transferred by juvenile court judges to criminal courts in the United States from 1985 to 2009. Juvenile court statistics show a twofold increase in the number of the...

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Bibliographic Details
Published in:Juvenile & family court journal 2012-09, Vol.63 (4), p.22-36
Main Authors: Ruddell, Rick, Mays, G. Larry
Format: Article
Language:English
Subjects:
Children
Convictions
Courts
Crime control
Criminal courts
Criminal sentences
Demographic aspects
Demography
Historical analysis
Justification
Juvenile courts
Juvenile offenders
Transfers
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Summary:This research examined the demographic and offense‐related characteristics of 1,488 children who were 12 years of age or younger when transferred by juvenile court judges to criminal courts in the United States from 1985 to 2009. Juvenile court statistics show a twofold increase in the number of these children transferred between 2005 and 2009, compared to the five‐year era between 1985 and 1989. Examination of the data revealed that the major offense that precipitated most of these transfers was a nonviolent act. Given these facts, a number of key questions emerged from this study: (1) Are these transfers desirable given the potential lifelong consequences of a criminal conviction for these youngsters; (2) Do these practices accomplish a legitimate crime control function; and (3) Are these transfers just and fair given the developmental status of these children?
ISSN:0161-7109
1755-6988
DOI:10.1111/j.1755-6988.2012.01082.x