Professional Documents
Culture Documents
Department of Justice
Office of Justice Programs
Office of Juvenile Justice and Delinquency Prevention
National
Report Series
June 2003
Local processing of in an area out of sight or sound of adult consent decree. It may include conditions
juvenile offenders varies inmates. such as victim restitution, school attend-
ance, drug counseling, or a curfew.
From state to state, case processing of
Most delinquency cases In most jurisdictions, a juvenile may be
juvenile law violators varies. Even within
states, case processing may vary from
are referred by law offered an informal disposition only if he
community to community, reflecting local enforcement agencies or she admits to committing the act. The
practice and tradition. Any description of Of all delinquency cases referred to juve- juvenile’s compliance with the informal
juvenile justice processing in the U.S. nile court in 1998, 84% were referred by agreement often is monitored by a proba-
must therefore be general, outlining a law enforcement agencies. The remaining tion officer. Thus, this process is some-
common series of decision points. referrals were made by parents, victims, times labeled “informal probation.”
schools, probation officers, and others.
If the juvenile successfully complies with
Law enforcement the informal disposition, the case is dis-
agencies divert many Intake departments missed. If, however, the juvenile fails to
juvenile offenders out screen cases referred meet the conditions, the case is referred
of the justice system to juvenile court for for formal processing and proceeds as it
At arrest, a decision is made either to formal processing would have if the initial decision had been
to refer the case for an adjudicatory hearing.
send the matter further into the justice The court intake function is generally the
system or to divert the case out of the responsibility of the juvenile probation If the case is to be handled formally in
system, often into alternative programs. department and/or the prosecutor’s juvenile court, intake files one of two
Generally, law enforcement agencies office. Intake decides whether to dismiss types of petitions: a delinquency petition
make this decision after talking to the the case, to handle the matter informally, requesting an adjudicatory hearing (trial)
victim, juvenile, and parents and after or to request formal intervention by the or a petition requesting a waiver hearing
reviewing the juvenile’s prior contacts juvenile court. to transfer the case to criminal court.
with the juvenile justice system. Nearly
one-quarter of all juveniles arrested in To make this decision, an intake officer or A delinquency petition states the allega-
1998 were handled within the police prosecutor first reviews the facts of the tions and requests the juvenile court to
department and then released; nearly 7 case to determine whether there is suffi- adjudicate (or judge) the youth a delin-
in 10 arrested juveniles were referred to cient evidence to prove the allegation. If quent, making the juvenile a ward of the
juvenile court. not, the case is dismissed. If there is suf- court. This language differs from that
ficient evidence, intake then determines used in the criminal court system, where
Federal regulations discourage holding whether formal intervention is necessary. an offender is convicted and sentenced.
juveniles in adult jails and lockups. In
some instances, law enforcement must About half of all cases referred to juvenile In response to the delinquency petition,
detain a juvenile in secure custody in an court intake are handled informally. Most an adjudicatory hearing is scheduled. At
adult facility for a brief period in order to informally processed cases are dismissed. the adjudicatory hearing, witnesses are
contact a parent or guardian or to arrange In the other informally processed cases, called and the facts of the case are pre-
transportation to a juvenile detention the juvenile voluntarily agrees to specific sented. In nearly all adjudicatory hear-
facility. Federal regulations require that, conditions for a specified time period. ings, the judge determines whether
in these cases, the juvenile be securely the juvenile was responsible for the
These conditions often are outlined in
detained for no longer than 6 hours and offense(s); in some states, however,
a written agreement, generally called a
the juvenile has the right to a jury trial.
Juvenile Formal
Prosecution court intake processing Adjudication Revocation Release After adjudication,
probation staff prepare
Law Probation or a disposition plan
enforcement Diversion Informal Dismissal Release other non-
processing/ residential
diversion disposition Once the juvenile is adjudicated delinquent
in juvenile court, probation staff develop
Diversion
a disposition plan. To prepare this plan,
Detention probation staff assess the youth and
available support systems and programs.
Note: This chart gives a simplified view of caseflow through the juvenile justice system. Pro-
cedures vary among jurisdictions.
June 2003 3
The court may also order psychological the department determines where the Although many status offenders enter
evaluations, diagnostic tests, or a period juvenile will be placed and when the juve- the juvenile justice system through law
of confinement in a diagnostic facility. nile will be released. In other states, the enforcement, in many states the initial
judge controls the type and length of official contact is a child welfare agency.
At the disposition hearing, probation staff
stay; in these situations, review hearings In 1998, about half of all status offense
present dispositional recommendations
are held to assess the juvenile’s progress. cases referred to juvenile court came
to the judge. The prosecutor and the
from law enforcement agencies.
youth may also present dispositional
recommendations. After considering the Juvenile aftercare is The federal Juvenile Justice and Delin-
recommendations, the judge orders a dis- similar to adult parole quency Prevention Act discourages the
position in the case. holding of status offenders in secure
On release from an institution, the juve-
nile is often ordered to a period of after- juvenile facilities for detention or place-
Most cases placed on care or parole. During this period, the ment. This policy has been labeled “de-
probation also receive juvenile is under supervision of the court institutionalization of status offenders.”
other dispositions or the juvenile corrections department There is an exception to the general policy:
and must meet certain conditions. If the a status offender may be confined in a
Most juvenile dispositions are multifac-
juvenile does not follow the conditions of secure juvenile facility if he or she has
eted and involve some sort of supervised
aftercare, he or she may be recommitted violated a valid court order, such as a
probation. In 1998, formal probation was
to the same facility or may be committed probation order requiring the youth to
the most severe disposition ordered in
to another facility. attend school or observe a curfew.
58% of the cases in which the youth was
adjudicated delinquent.
Status offense and
A probation order often includes addition- delinquency case
al requirements such as drug counseling, processing differ
weekend confinement in the local deten-
tion center, or restitution to the commu- A delinquent offense is an act committed A juvenile court by
nity or victim. The term of probation may by a juvenile for which an adult could be any other name is
be for a specified period or may be open- prosecuted in criminal court. There are, still a juvenile court
ended. Review hearings are held to moni- however, behaviors that are law violations
only for juveniles and/or young adults Every state has at least one court with
tor the juvenile’s progress. After condi-
because of their status. These “status juvenile jurisdiction but, in most states,
tions of probation have been successfully
offenses” may include behaviors such as it is not actually called juvenile court.
met, the judge terminates the case. The names of the courts with juvenile
running away from home, truancy, alco-
jurisdiction vary by state—district,
hol possession or use, ungovernability,
The judge may order superior, circuit, county, family, or pro-
and curfew violations.
residential placement bate court, to name a few. Often the
In many ways, the processing of status court of juvenile jurisdiction has a
In 1998, juvenile courts ordered residen-
offense cases parallels that of delinquen- separate division for juvenile matters.
tial placement in 26% of the cases in Courts with juvenile jurisdiction gener-
cy cases. Not all states, however, consid-
which the youth was adjudicated delin- ally have jurisdiction over delinquency,
er all of the behaviors noted above to be
quent. Residential commitment may be status offense, and abuse/neglect mat-
law violations. Many states view such
for a specific or indeterminate time peri- ters and may also have jurisdiction in
behaviors as indicators that the child is in
od. The facility may be publicly or pri- other matters such as adoption, termi-
need of supervision. These states handle
vately operated and may have a secure, nation of parental rights, and emanci-
status offense matters more like depen-
prisonlike environment or a more open pation. Whatever their name, courts
dency cases than delinquency cases, re-
(even homelike) setting. In many states, with juvenile jurisdiction are generi-
sponding to the behaviors by providing
when the judge commits a juvenile to the cally referred to as juvenile courts.
social services.
state department of juvenile corrections,
Statutes set age limits Many states exclude married or otherwise duration of time that is in the best inter-
for original jurisdiction emancipated juveniles from juvenile court ests of the juvenile and the public, even
jurisdiction. States often have statutory for older juveniles who have reached the
of the juvenile court
exceptions to basic age criteria. The age at which original juvenile court juris-
In most states, the juvenile court has exceptions, related to the youth’s age, diction ends. At the end of the 1999
original jurisdiction over all youth alleged offense, and/or prior court history, legislative session, statutes in 35 states
charged with a law violation who were place certain youth under the original extended juvenile court jurisdiction in
younger than age 18 at the time of the jurisdiction of the criminal court. In some delinquency cases until the 21st birthday.
offense, arrest, or referral to court. Since states, a combination of the youth’s age, Oldest age over which the juvenile court
1975, four states have changed their age offense, and prior record places the youth may retain jurisdiction for disposition pur-
criteria: Alabama raised its upper age under the original jurisdiction of both the poses in delinquency matters:
from 15 to 16 in 1976 and to 17 in 1977; juvenile and criminal courts. In these
Age State
Wyoming lowered its upper age from 18 states, the prosecutor has the authority
18 Alaska, Iowa, Kentucky, Nebraska,
to 17 in 1993; and New Hampshire and to decide which court will initially handle Oklahoma, Tennessee
Wisconsin lowered their upper age from the case. 19 Mississippi, North Dakota
17 to 16 in 1996.
20 Alabama, Arizona,* Arkansas,
At the end of the 1999 legislative session,
Oldest age for original juvenile court juris- Connecticut, Delaware, District of
diction in delinquency matters:
16 states had statutes that set the lowest Columbia, Florida, Georgia, Idaho,
age of juvenile court delinquency jurisdic- Illinois, Indiana, Louisiana, Maine,
Age State tion. Other states rely on case law or Maryland, Massachusetts, Michigan,
15 Connecticut, New York, North Carolina common law. Children younger than a Minnesota, Missouri, Nevada, New
Hampshire, New Mexico, New York,
16 Georgia, Illinois, Louisiana, certain age are presumed to be incapable
North Carolina, Ohio, Pennsylvania,
Massachusetts, Michigan, Missouri, of criminal intent and, therefore, are ex- Rhode Island, South Carolina, South
New Hampshire, South Carolina, empt from prosecution and punishment. Dakota, Texas, Utah, Vermont, Virginia,
Texas, Wisconsin
Washington, West Virginia, Wyoming
17 Alabama, Alaska, Arizona, Arkansas, Youngest age for original juvenile court
jurisdiction in delinquency matters: 22 Kansas
California, Colorado, Delaware, District
of Columbia, Florida, Hawaii, Idaho, 24 California, Montana, Oregon,
Indiana, Iowa, Kansas, Kentucky, Age State Wisconsin
Maine, Maryland, Minnesota, 6 North Carolina ** Colorado, Hawaii, New Jersey
Mississippi, Montana, Nebraska, 7 Maryland, Massachusetts, New York Note: Extended jurisdiction may be restricted to
Nevada, New Jersey, New Mexico, 8 Arizona certain offenses or juveniles.
North Dakota, Ohio, Oklahoma,
Oregon, Pennsylvania, Rhode Island, 10 Arkansas, Colorado, Kansas, *Arizona statute extends jurisdiction through
Louisiana, Minnesota, Mississippi, age 20, but a 1979 state Supreme Court deci-
South Dakota, Tennessee, Utah, sion held that juvenile court jurisdiction termi-
Vermont, Virginia, Washington, Pennsylvania, South Dakota, Texas,
nates at age 18.
West Virginia, Wyoming Vermont, Wisconsin
**Until the full term of the disposition order.
Many states have higher upper ages Juvenile court authority In some states, the juvenile court may
of juvenile court jurisdiction in status impose adult correctional sanctions on
over youth may extend
offense, abuse, neglect, or dependency certain adjudicated delinquents that
matters—typically through age 20.
beyond the upper age
extend the term of confinement well
of original jurisdiction beyond the upper age of juvenile jurisdic-
In many states, the juvenile court has tion. Such sentencing options are includ-
Through extended jurisdiction mecha-
original jurisdiction over young adults ed in the set of dispositional options
nisms, legislatures enable the court to
who committed offenses while juveniles. known as blended sentencing.
provide sanctions and services for a
June 2003 5
All states allow juveniles to be tried as adults in
criminal court under certain circumstances
Transferring juveniles Most states have multiple ways to impose adult sanctions on juveniles
to criminal court is not
Statutes at the end of the 1999 legislative session
a new phenomenon Once an
adult,
In some states, provisions that enabled Judicial waiver Concurrent Statutory Reverse always Blended
State Discretionary Presumptive Mandatory jurisdiction exclusion waiver an adult sentencing
transfer of certain juveniles to criminal Total States 46 16 15 15 29 24 34 22
court were in place before the 1920s. Alabama ■ ■ ■
Alaska ■ ■ ■ ■
Other states have permitted transfers Arizona ■ ■ ■ ■ ■ ■
Arkansas ■ ■ ■ ■
since at least the 1940s. For many years, California ■ ■ ■ ■ ■
all states have had at least one provision Colorado ■ ■ ■ ■ ■
Connecticut ■ ■ ■
for trying certain youth of juvenile age as Delaware ■ ■ ■ ■ ■
adults in criminal court. Such provisions Dist. of Columbia ■ ■ ■ ■
Florida ■ ■ ■ ■ ■
are typically limited by age and offense Georgia ■ ■ ■ ■ ■
Hawaii ■ ■
criteria. Transfer mechanisms vary Idaho ■ ■ ■ ■
regarding where the responsibility for Illinois ■ ■ ■ ■ ■ ■
Indiana ■ ■ ■ ■
transfer decisionmaking lies. Transfer Iowa ■ ■ ■ ■ ■
provisions fall into three general Kansas ■ ■ ■ ■
Kentucky ■ ■ ■
categories: Louisiana ■ ■ ■ ■
Maine ■ ■ ■
Maryland ■ ■ ■ ■
Judicial waiver: The juvenile court judge Massachusetts ■ ■ ■
has the authority to waive juvenile court Michigan ■ ■ ■ ■
Minnesota ■ ■ ■ ■ ■
jurisdiction and transfer the case to crim- Mississippi ■ ■ ■ ■
Missouri ■ ■ ■
inal court. States may use terms other Montana ■ ■ ■ ■
than judicial waiver. Some call the process Nebraska ■ ■
Nevada ■ ■ ■ ■ ■
certification, remand, or bind over for New Hampshire ■ ■ ■
criminal prosecution. Others transfer or New Jersey ■ ■ ■
New Mexico ■ ■
decline rather than waive jurisdiction. New York ■ ■
North Carolina ■ ■ ■
North Dakota ■ ■ ■ ■
Concurrent jurisdiction: Original jurisdic- Ohio ■ ■ ■
tion for certain cases is shared by both Oklahoma ■ ■ ■ ■ ■ ■
Oregon ■ ■ ■ ■
criminal and juvenile courts, and the Pennsylvania ■ ■ ■ ■ ■
prosecutor has discretion to file such Rhode Island ■ ■ ■ ■ ■
South Carolina ■ ■ ■ ■ ■
cases in either court. Transfer under con- South Dakota ■ ■ ■ ■
Tennessee ■ ■ ■
current jurisdiction provisions is also Texas ■ ■ ■
known as prosecutorial waiver, prosecu- Utah ■ ■ ■ ■
Vermont ■ ■ ■ ■ ■
tor discretion, or direct file. Virginia ■ ■ ■ ■ ■ ■
Washington ■ ■ ■
West Virginia ■ ■ ■
Statutory exclusion: State statute ex- Wisconsin ■ ■ ■ ■
cludes certain juvenile offenders from Wyoming ■ ■ ■
juvenile court jurisdiction. Under statutory ■ In states with a combination of provisions for transferring juveniles to criminal court, the exclu-
exclusion provisions, cases originate in sion, mandatory waiver, or concurrent jurisdiction provisions generally target the oldest juveniles
and/or those charged with the most serious offenses, while those charged with relatively less
criminal rather than juvenile court. Statu- serious offenses and/or younger juveniles may be eligible for discretionary waiver.
tory exclusion is also known as legislative Source: Author’s adaptation of Griffin’s State Juvenile Justice Profiles.
exclusion.
June 2003 7
waiver decisions, such as the availability
of dispositional alternatives for treating In most states, juvenile court judges may waive juvenile court
the juvenile, the time available for sanc- jurisdiction over certain cases and transfer them to criminal court
tions, public safety, and the best interest Minimum Judicial waiver offense and minimum age criteria, 1999
age for Any Certain Certain Certain Certain
of the child. The waiver process must judicial criminal Certain Capital person property drug weapon
also adhere to certain constitutional prin- State waiver offense felonies crimes Murder offenses offenses offenses offenses
cases most likely to be waived, regardless Note: Ages in the minimum age column may not apply to all offense restrictions but represent
the youngest possible age at which a juvenile may be judicially waived to criminal court. “NS”
of the offenders’ court history, involved indicates that in at least one of the offense restrictions indicated, no minimum age is specified.
serious person offenders who used weap- Examples: Alabama allows waiver for juveniles age 14 or older charged with any criminal
ons and injured someone. Even first-time offense. Maryland allows waiver for any juvenile charged with a capital crime (an act punish-
able by death or life imprisonment) and for juveniles age 15 or older charged with any criminal
offenders were waived if they injured their offense.
victim. For other cases, the court took into
Source: Author’s adaptation of Griffin’s State Juvenile Justice Profiles.
account the youth’s history; those with
June 2003 9
Statutory exclusion
In states with statutory exclusion provisions, certain cases involving
accounts for the largest juveniles originate in criminal court rather than juvenile court
number of transfers Statutory exclusion offense and minimum age criteria, 1999
Minimum
age for Any Certain Certain Certain Certain
Legislatures “transfer” large numbers statutory criminal Certain Capital person property drug weapon
of young offenders to criminal court by State exclusion offense felonies crimes Murder offenses offenses offenses offenses
enacting statutes that exclude certain Alabama 16 16 16 16
Alaska 16 16 16
cases from juvenile court jurisdiction. At Arizona 15 15 15 15
the end of the 1999 legislative session, California 16 16 16 16
Delaware 15 15
29 states had statutory exclusion provi- Florida NS NS NS
sions. State laws typically set age and Georgia 13 13 13
Idaho 14 14 14 14 14
offense limits for excluded offenses. The Illinois 13 15 13 15 15 15
offenses most often excluded are murder, Indiana 16 16 16 16 16 16
Iowa 16 16 16 16
capital crimes in general (offenses pun- Louisiana 15 15 15
ishable by death or life imprisonment), Maryland 14 14 16 16 16
Massachusetts 14 14
and other serious offenses against per- Minnesota 16 16
sons. (Minor offenses such as traffic, Mississippi 13 13 13
Montana 17 17 17 17 17 17
watercraft, and wildlife violations are Nevada NS 16 NS NS 16
often excluded from juvenile court juris- New Mexico 15 15
New York 13 13 14 14 14
diction in states where they are not Oklahoma 13 13
covered by concurrent jurisdiction Oregon 15 15 15
Pennsylvania NS NS 15
provisions.) South Carolina 16 16
South Dakota 16 16
Although not typically thought of as Utah 16 16 16
Vermont 14 14 14 14
transfers, large numbers of youth Washington 16 16 16 16
younger than age 18 are tried in criminal Wisconsin NS 10 NS
court in the 13 states where the upper Note: Ages in the minimum age column may not apply to all offense restrictions but represent
the youngest possible age at which a juvenile may be excluded from juvenile court. “NS” indi-
age of juvenile court jurisdiction is set at cates that in at least one of the offense restrictions indicated, no minimum age is specified.
15 or 16. Nearly 2 million 16- and 17-
Examples: In California, cases involving juveniles age 16 or older charged with capital crimes
year-olds live in these 13 states. If these (punishable by death or life imprisonment), murder, or certain other person offenses must be
youth are referred to criminal court at the filed in criminal court. In Delaware, cases involving juveniles age 15 or older charged with cer-
tain felonies must be initiated in criminal court.
same rate that 16- and 17-year-olds else-
Source: Author’s adaptation of Griffin’s State Juvenile Justice Profiles.
where are referred to juvenile court, then
a large number of youth younger than
age 18 face trial in criminal court because
they are defined as adults under state
laws. In fact, it is possible that more
youth younger than age 18 are tried in
criminal court in this way than by all
other transfer mechanisms combined.
Juvenile Court Statistics Juvenile Court Statistics to pay restitution to the victim would be
has provided data since documents the number characterized as a case in which the juve-
nile was placed in a residential facility.
the late 1920s of cases courts handled
The Juvenile Court Statistics series is the Just as the FBI’s Uniform Crime Report- Juvenile Court Statistics
primary source of information on the ing Program counts arrests made by law
activities of the nation’s juvenile courts.
describes delinquency
enforcement (i.e., a workload measure,
The first Juvenile Court Statistics report, not a crime measure), the Juvenile Court
and status offense
published in 1929 by the Children’s Bu- Statistics series counts delinquency and
caseloads
reau of the U.S. Department of Labor, status offense cases handled by courts The Juvenile Court Statistics series pro-
described cases handled in 1927 by 42 with juvenile jurisdiction during the year. vides annual estimates of the number of
courts. In the 1950s, the U.S. Department Each case represents the initial disposi- delinquency and formally processed sta-
of Health, Education and Welfare took tion of a new referral to juvenile court for tus offense cases handled by juvenile
over the work, and, in 1974, the newly
one or more offenses. A youth may be courts. The reports provide demographic
established Office of Juvenile Justice and
involved in more than one case in a year. profiles of the youth referred and the
Delinquency Prevention (OJJDP) took on
Therefore, the Juvenile Court Statistics reasons for the referrals (offenses). The
the project. Since 1975, the National
series does not provide a count of indi- series documents the juvenile courts’ dif-
Center for Juvenile Justice (NCJJ) has
vidual juveniles brought before juvenile ferential use of petition, detention, adjudi-
been responsible for this OJJDP project.
courts. cation, and disposition alternatives by
Throughout its history, the Juvenile Court case type. The series also can identify
Statistics series has depended on the vol- Cases involving multiple trends in the volume and characteristics
untary support of courts with juvenile charges are categorized of court activity.
jurisdiction. Courts contribute data origi-
nally compiled to meet their own infor-
by their most serious Care should be exercised when interpret-
mation needs. The data received are not offense ing gender, age, or racial differences in
uniform but reflect the natural variation In a single case where a juvenile is the analysis of juvenile delinquency or
that exists across court information sys- charged with robbery, simple assault, status offense cases because reported
tems. To develop national estimates, and a weapons law violation, the case is statistics do not control for the serious-
NCJJ restructures compatible data into a counted as a robbery case (similar to the ness of the behavior leading to each
common format. In 1998, juvenile courts FBI Uniform Crime Reporting Program’s charge or the extent of a youth’s court
with jurisdiction over virtually 100% of hierarchy rule). Thus, the Juvenile Court history.
the U.S. juvenile population contributed
Statistics series does not provide a count
at least some data to the national report- The series does not provide national esti-
of the number of crimes committed by
ing program. Because not all contributed mates of the number of youth referred to
juveniles. In addition, given that only the
data can support the national reporting court, their prior court histories, or their
most serious offense is used to classify
requirements, the national estimates for future recidivism. Nor does it provide
the case, counts of—and trends for—
1998 were based on data from more than data on criminal court processing of juve-
less serious offenses must be interpreted
2,100 jurisdictions containing nearly 70% nile cases. Criminal court cases involv-
cautiously.
of the nation’s juvenile population (i.e., ing youth younger than age 18 who are
youth age 10 through the upper age of Similarly, cases are categorized by their defined as adults in their state are not
original juvenile court jurisdiction in each most severe or restrictive disposition. included. The series was designed to pro-
state). For example, a case in which the judge duce national estimates of juvenile court
orders the youth to a training school and activity, not to describe the law-violating
careers of juveniles.
June 2003 11
Juvenile courts handled 1.8 million delinquency
cases in 1998—about the same as in 1997
June 2003 13
Delinquency caseloads for both males and females
have increased sharply in recent years
Compared with the offense profiles in Percent of cases involving females Percent of cases involving females
30% 30%
1989, both male and female delinquency Person
25% Delinquency 25%
caseloads had greater proportions of per- 20% 20% Public order
son offense cases in 1998, and males had 15% 15%
Property
Drugs
a greater proportion of drug offense cases. 10% 10%
1998 ■ The female proportion of delinquency cases increased from 19% in 1989 to 24% in
Delinquency 100% 100% 1998. The sharpest increase was seen among person offense cases. Females accounted
Person 22 26 for 20% of person cases in 1989, compared with 28% in 1998.
Property 45 45 Source: Author’s adaptation of Puzzanchera et al.’s Juvenile Court Statistics 1998.
Drugs 12 7
Public order 21 21
1989
Delinquency 100% 100% As in 1989, the delinquency caseloads had a greater proportion of person offense
Person 17 19 for both males and females in 1998 con- cases and a smaller proportion of drug
Property 59 58 sisted primarily of property offense offense cases.
Drugs 7 5 cases. Compared with males, females
Public order 17 19
Note: Detail may not total 100% because of
rounding.
A disproportionate
number of cases Case rates increased from 1989 to 1998 for all racial groups
involved black youth Cases per 1,000 juveniles ages 10–upper age
140
Although two-thirds of delinquency cases
involved white youth, a disproportionate 120
number of cases involved blacks (29%), Black
100
given their proportion of the juvenile pop-
80
ulation. In 1998, whites made up 79% of
the juvenile population, blacks 15%, and 60
White
youth of other races 5%. 40 Other races
Racial profile of delinquency cases: 20
Other 0
Offense White Black races Total 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998
1998
■ In 1998, the overall delinquency case rate for black juveniles (115) was more than twice
Delinquency 67% 29% 4% 100%
the rate for whites (51) and nearly triple the rate for youth of other races (40).
Person 62 35 3 100
Property 70 26 4 100 ■ In all four general offense categories, case rates were higher for blacks than for whites
Drugs 68 29 3 100 and higher for whites than for youth of other races.
Public order 68 29 3 100 ■ The differences in rates by race were more pronounced for person offenses than for the
1989 other three general offense categories.
Delinquency 68% 29% 3% 100% Note: Juveniles of Hispanic ethnicity can be of any race, but most are included in the white
Person 56 40 3 100 racial category.
Property 72 25 4 100 Source: Author’s adaptation of Puzzanchera et al.’s Juvenile Court Statistics 1998.
Drugs 58 40 2 100
Public order 70 27 3 100
Note: Detail may not total 100% because of
rounding. All racial groups include Hispanics. juveniles and those of other races. For all Offense profile of delinquency cases:
racial groups, property offenses account- Other
The racial profile of delinquency cases ed for the largest proportion of cases and Offense White Black races
overall was essentially the same in 1998 drug offenses the smallest proportion. 1998
as in 1989, although there were notice- Delinquency 100% 100% 100%
Compared with 1989, person and public Person 21 28 19
able changes in some offense categories. Property 47 40 53
The black proportion of person cases order offenses made up a larger share Drugs 11 11 8
dropped from 40% in 1989 to 35% in and property offenses a smaller share of Public order 21 21 20
1998, and the black proportion of drug delinquency cases for all racial groups 1989
cases dropped from 40% in 1989 to 29% in 1998. Among black juveniles, person Delinquency 100% 100% 100%
in 1998. offenses rose 3 percentage points, public Person 15 25 16
order offenses rose 5 points, and proper- Property 62 50 64
Drugs 5 9 4
Offense profiles for whites ty offenses dropped 10 points. Among Public order 18 16 17
white juveniles, person offenses rose 6
and blacks differed Note: Detail may not total 100% because of
percentage points, public order offenses rounding. All racial groups include Hispanics.
Delinquency caseloads of black juveniles rose 3 points, and property offenses
contained a greater proportion of person dropped 15 points.
offenses than did caseloads of white
June 2003 15
All age groups contributed to delinquency caseload
increases between 1989 and 1998
June 2003 17
Most delinquency cases do not involve detention
between referral to court and disposition
When is secure
detention used? Although the percentage of cases involving detention dropped from
1989 to 1998, the number of cases involving detention increased
A youth may be placed in a secure juve-
nile detention facility at various points Number of cases detained Percent of cases detained
160,000 40%
during the processing of his or her case.
Property Drugs
120,000
Most delinquency cases, however, do not 30%
Person
Person Public order
involve detention. Although detention 80,000 20%
practices vary from jurisdiction to juris- 40,000 Public order 10%
Property
When a case is referred to juvenile court, ■ Overall, youth were detained in 19% of delinquency cases handled in 1998.
intake staff may decide to hold the youth ■ The number of delinquency cases involving detention rose 25% from 1989 to 1998.
in a detention facility while the case is Person offense cases had the largest relative increase in detained cases (63%).
being processed. In general, the youth ■ Although there was a 6% decline in detained property cases between 1989 and 1998,
they accounted for the largest volume of cases involving detention in every year.
will be detained if there is reason to
■ In 1998, the percentage of cases that involved detention was lower for property offense
believe he or she is a threat to the com-
cases (15%) than for the other general offense categories (22–23%).
munity, will be at risk if returned to the
■ For all four general offense categories, the probability of detention was lower in 1998
community, or may fail to appear at an than in 1989. This was especially true for drug cases.
upcoming hearing. The youth may also be
Source: Author’s adaptation of Puzzanchera et al.’s Juvenile Court Statistics 1998.
detained for diagnostic evaluation purposes.
June 2003 19
Formal case handling was more likely in 1998 than
in 1989, and more cases were adjudicated
In a formally processed
In 1998, juvenile courts petitioned nearly 6 of 10 delinquency cases
and adjudicated youth delinquent in more than 6 of 10 of those
case, petitioners ask the
petitioned cases court to order sanctions
Percentage of Formal case handling involves the filing
Petitioned cases, 1998 petitioned cases of a petition requesting that the court
Most serious offense Number Percent adjudicated hold an adjudicatory or waiver hearing.
Delinquency 1,000,300 57% 63% Informal case handling is considered
Person offenses 236,500 59 61 when the decisionmaker (police, proba-
Criminal homicide 1,700 86 40 tion, intake, prosecutor, or other screen-
Forcible rape 4,600 77 66 ing officer) believes that accountability
Robbery 26,000 88 62 and rehabilitation can be achieved with-
Aggravated assault 47,200 73 64
out formal court intervention. Compared
Simple assault 131,800 50 60
Other violent sex offenses 7,900 75 61 with informally handled cases, formally
Other person offenses 17,400 62 55 processed delinquency cases tend to
Property offenses 422,600 53 65 involve more serious offenses, older juve-
Burglary 96,600 77 71 niles, and juveniles with longer court
Larceny-theft 153,400 41 64 histories.
Motor vehicle theft 33,500 76 71
Arson 5,100 61 65
If the court decides to handle the matter
Vandalism 60,100 51 61
Trespassing 27,600 43 58 informally, the offender agrees to com-
Stolen property offenses 22,900 67 59 ply with one or more sanctions such as
Other property offenses 23,500 73 58 community service, victim restitution, or
Drug law violations 121,100 63 63 voluntary probation supervision. Informal
Public order offenses 220,100 61 63 cases are generally held open pending
Weapons offenses 26,000 64 65 the successful completion of the disposi-
Obstruction of justice 111,500 73 70
tion. If the court’s conditions are met, the
Disorderly conduct 37,100 40 54
Liquor law violations 8,700 45 55 charges are dismissed. If, however, the
Nonviolent sex offenses 6,400 59 66 offender does not fulfill the conditions,
Other public order offenses 30,300 63 50 the case is likely to be petitioned for
Violent Crime Index* 79,500 77 63 formal processing.
Property Crime Index** 288,500 53 67
■ Generally, the more serious the case, the more likely it was to be formally handled. The use of formal
*The FBI’s Violent Crime Index includes criminal homicide, forcible rape, robbery, and handling has increased
aggravated assault.
**The FBI’s Property Crime Index includes burglary, larceny-theft, motor vehicle theft,
In 1989, juvenile courts formally processed
and arson. 50% of delinquency cases. By 1998, that
Note: Detail may not add to totals because of rounding. proportion had increased to 57%. Com-
Source: Author’s adaptation of Puzzanchera et al.’s Juvenile Court Statistics 1998. pared with the likelihood of formal proc-
essing in 1989, cases in three of the four
general offense categories were more like-
ly to be handled formally in 1998. Only the
percentage of drug offense cases remained
virtually the same.
June 2003 21
Most adjudicated delinquency cases in 1998 resulted
in residential placement or formal probation
June 2003 23
The processing of delinquency cases varied more
by offense than by gender
Of every 1,000 delinquency cases handled in 1998, 208 resulted in court-ordered probation, 93 resulted in
court-ordered residential placement, and 5 were waived to criminal court
93 Placed ■ Although juvenile courts handled more
5 Waived than 4 in 10 cases without the filing of a
A typical 1,000 208 Probation petition, more than half of these cases
delinquency cases 361 Adjudicated received some form of court sanction.
40 Other sanction These sanctions included informal proba-
tion or other dispositions such as restitu-
19 Released tion, community service, or referral to
569 Petitioned another agency for services.
5 Placed ■ In many formally handled delinquency
2 Placed cases that did not result in adjudication,
30 Probation the youth agreed to informal sanctions,
140 Probation 204 Not adjudicated including out-of-home placement, informal
431 Not petitioned 32 Other sanction probation, or other dispositions such as
101 Other sanction restitution.
137 Dismissed
187 Dismissed
Compared with simple assault cases, aggravated assault cases were more likely to receive formal sanctions
or to be waived to criminal court
139 Placed ■ Juvenile courts ordered formal sanctions
11 Waived or waived more than 4 in 10 aggravated
A typical 1,000 259 Probation assault cases and fewer than 3 in 10 sim-
aggravated assault cases 464 Adjudicated ple assault cases.
39 Other sanction ■ Juvenile courts waived 11 of 1,000 aggra-
vated assault cases to criminal court. The
725 Petitioned 27 Released figure for simple assault cases was 2 of
1,000.
137 Informal 72 Informal
■ Of a typical 1,000 aggravated assault
275 Not petitioned 250 Not adjudicated
cases, 139 were ordered to residential
138 Dismissed 178 Dismissed
placement, and 259 were ordered to
formal probation following adjudication.
69 Placed ■ Of a typical 1,000 simple assault cases,
2 Waived 69 were ordered to residential placement,
A typical 1,000 185 Probation and 185 were ordered to formal probation
simple assault cases 302 Adjudicated following adjudication.
30 Other sanction
■ Among aggravated assault cases, 138 of
1,000 were dismissed at intake, and 178
502 Petitioned 18 Released
were dismissed following an adjudicatory
hearing. For simple assault cases, 239 of
259 Informal 56 Informal
1,000 were dismissed at intake, and 143
498 Not petitioned 198 Not adjudicated
were dismissed following an adjudicatory
239 Dismissed 143 Dismissed
hearing.
Note: Cases are categorized by their most severe or restrictive sanction. Detail may not add to totals because of rounding.
47 Placed
1 Waived
A typical 1,000 female 175 Probation
simple assault cases 262 Adjudicated
26 Other sanction
Note: Cases are categorized by their most severe or restrictive sanction. Detail may not add to totals because of rounding.
Source: Author’s analysis of National Juvenile Court Data Archive: 1998 Juvenile Court Case Records [machine-readable data file].
June 2003 25
The juvenile court’s use of judicial waiver has
changed over the past decade
varied across case ■ Both whites and blacks experienced sharp increases in person cases waived between
characteristics 1989 and 1994; and substantially fewer person cases waived in 1998 than in 1994.
In 1998, a greater proportion of cases Percent of petitioned cases judicially Percent of petitioned cases judicially
waived to criminal court waived to criminal court
involving males was waived than cases 2.5% 6%
White Person
Black
involving females. This was true in each 2.0% 5%
Drugs
of the four general offense categories. 4%
1.5% Drugs
3%
For example, males charged with person 1.0% Person
Property 2% Property
offenses were four times as likely as 0.5% 1%
Public order Public order
females charged with person offenses to 0.0% 0%
1990 1992 1994 1996 1998 1990 1992 1994 1996 1998
have their cases waived to criminal court.
However, this comparison does not con- ■ The likelihood of waiver was greater for black than for white juveniles in each of the
trol for male-female differences in the four general offense categories. These data, however, do not control for racial differ-
seriousness of offenses within the person ences in offense seriousness within those categories or in juveniles’ offense histories.
offense category. Note: All racial groups include Hispanics.
Source: Author’s adaptation of Puzzanchera et al.’s Juvenile Court Statistics 1998.
Percentage of formally handled cases judi-
cially waived to criminal court, 1998:
Percentage of formally handled cases judi- Percentage of formally handled cases judi-
Offense Male Female cially waived to criminal court, 1998: cially waived to criminal court, 1998:
Delinquency 0.9% 0.3%
Person 1.5 0.4 Other Age 15 Age 16
Property 0.9 0.3 Offense White Black races Offense/race or younger or older
Drugs 1.2 0.5 Delinquency 0.7% 1.0% 0.8% Delinquency 0.2% 1.6%
Public order 0.4 0.1 Person 1.1 1.4 2.2 White 0.1 1.3
Property 0.8 0.8 0.4 Black 0.3 2.1
For delinquency cases overall, a larger Drugs 0.6 2.0 0.4 Other races 0.1 1.6
proportion of cases involving black youth Public order 0.2 0.4 0.4 Person 0.3 2.6
White 0.2 2.3
was waived than cases involving white Note: All racial groups include Hispanics.
Black 0.5 3.0
youth or youth of other races. More Other races 0.6 4.2
specifically, black youth were more likely In general, cases involving younger juve- Property 0.1 1.6
to be waived than other youth for person niles were less likely to be waived than White 0.1 1.6
were cases involving older juveniles. This Black 0.2 1.8
and drug offenses. For white youth and
Other races 0.0 1.1
youth of other races, waiver was most was true for each of the four general
Drugs 0.3 1.6
likely in person offense cases; for black offense categories and across racial groups. White 0.1 0.9
youth, it was most likely in drug offense Black 0.5 2.9
Other races 0.0 0.8
cases.
Public order 0.1 0.5
White 0.1 0.4
Black 0.1 0.8
Other races 0.0 0.9
Note: All racial groups include Hispanics.
June 2003 27
Convicted transfers did not always receive
harsher sanctions than adults received
Convicted juvenile Juvenile transfers were to prison than were adult felons convicted
transfers differ from more likely than adults of similar offenses.
adult felons to be convicted of a Percentage of convicted felons sentenced to
prison:
The National Judicial Reporting Program person offense
compiles information on sentences that Most serious Transferred
In most states, provisions for transfer-
conviction offense juvenile Adult
felons receive in state courts nationwide ring juveniles to criminal court target the
All felonies 60% 37%
and on the felons’ characteristics. Data most serious offenses and the most seri- Person 75% 78%
are collected on a sample basis every ous juvenile offenders. The result is that, Murder 96 95
other year. The term “felony,” although compared with adult felons, transferred Sexual assault 73 75
not uniformly defined or used across the juveniles had a substantially greater pro- Robbery 79 78
Aggravated assault 67 75
country, is often defined as crimes for portion of person offense convictions Property 46% 18%
which a convicted offender can be sen- (especially robbery and aggravated Burglary 50 20
tenced to more than 1 year in prison. assault) and a smaller proportion of Larceny 37 17
drug convictions. Drugs 31% 34%
Juvenile-age felony defendants convicted Possession 21 28
in criminal court were identified in 1996 Percentage of convicted felons: Trafficking 34 37
Weapons 55% 39%
data from a nationally representative Most serious Transferred
sample of 344 counties. These juvenile conviction offense juvenile Adult Among defendants convicted of murder
transfers included those whose cases All felonies 100% 100% or weapons offenses, transfers received
were statutorily excluded from juvenile Person 53% 17%
longer prison terms than adults. However,
Murder 7 1
court jurisdiction, filed in criminal court among those convicted of sexual assault,
Sexual assault 4 3
at the discretion of prosecutors, and judi- Robbery 23 4 burglary, or drug offenses, transfers
cially waived from juvenile court to crimi- Aggravated assault 17 7 received shorter prison terms than adults.
nal court. The sample of transfers was Other person 1 1
Property 27% 30% Mean maximum sentence length (in months)
large, although not statistically represen- for convicted felons sentenced to prison:
Burglary 19 9
tative of all juvenile transfers. Larceny 8 12
Fraud 1 8 Most serious Transferred
Compared with adult felons, juvenile trans- Drugs 11% 37% conviction offense juvenile Adult
fers were more likely to be male than female Possession 3 15 All felonies 91 59
and more likely to be black than white. Trafficking 8 22 Person 118 101
Weapons 3% 3% Murder 277 250
Percentage of convicted felons: Other offenses 6% 14% Sexual assault 105 117
Robbery 101 95
Transferred Note: Detail may not add to totals because of
rounding. Aggravated assault 80 66
Characteristic juvenile Adult Property 39 46
Gender 100% 100% Burglary 41 57
Male 96 84 Some transfers received Larceny 33 38
Female 4 16 Drugs 30 47
Race 100% 100%
harsher sanctions than Possession 21 38
White 43 53 adults; others did not Trafficking 32 52
Black 55 45 Weapons 48 42
Other races 2 2 Among defendants convicted of burglary,
larceny, or weapons offenses, juvenile
Note: Detail may not total 100% because of
rounding. All racial groups include Hispanics. transfers were more likely to be sentenced
Early-onset offenders
will place a burden on The likelihood of becoming a violent offender declines with the age
justice resources at first referral to juvenile court
Percent of careers with a violent referral
Snyder (2001) studied the juvenile court 20%
records of more than 150,000 urban juv-
16%
eniles who aged out of the juvenile justice 15% 14%
13%
system (i.e., turned age 18) between 12%
11%
1980 and 1995. The study found that the 10%
10%
earlier a youth enters the juvenile justice 7%
6%
system, the more likely he or she is to
5% 4%
acquire an extensive juvenile court rec-
ord. The younger the juvenile is at first
0%
referral to court, the more likely he or she 9 10 11 12 13 14 15 16 17
is to have at least four separate referrals Age at first referral
to juvenile court intake, at least one refer- ■ Of those referred to juvenile court for the first time at age 9, 16% had at least one
ral for a serious offense, and at least one referral for a violent offense before they turned 18.
referral for a violent offense by the time
he or she reaches age 18. As a result, Child offenders had a greater proportion of serious, violent, and
early-onset youth will consume a dispro- chronic careers than older-onset youth
portionate amount of the court’s resources.
Child Offenders
Most early-onset offenders, however, do (first referral before age 13) Older-Onset Offenders
not become serious, violent, or chronic (first referral at age 13 or older)
offenders. For example, 84% of youth Serious
first referred to court intake at age 9 were Chronic
Serious
Chronic
never referred to juvenile court for a vio- Violent
lent offense. They were far more likely, Violent
however, to be referred to juvenile court
for a violent crime eventually.
June 2003 29
The formal status offense caseload differs
substantially from the delinquency caseload
42 Placed
333 Probation
Liquor law violation 588 Adjudicated
195 Other sanction
A typical 1,000 petitioned
liquor law violation cases 18 Released
210 Informal
412 Not adjudicated
202 Dismissed
Note: Cases are categorized by their most severe or restrictive sanction. Detail may not add to totals because of rounding.
June 2003 31
*ncj~195420*
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