Juveniles in the Adult Criminal Justice System: An Overview

Publication Date: May 1998

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Justice; Law and ethics

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Abstract:

Both state and federal legislators have enacted provisions to relax the criteria governing the transfer of juvenile offenders to adult courts. Presently, all 50 states make some provision for these transfers, and a 1994 crime act approved by Congress (P.L. 103-322) requires the prosecution of youths 13 years of age and above as adults for gun-related violent crimes.

Criminal justice professionals and the media have noted the rise of juvenile crime rates nationwide and a growing surge in youth violence. This in turn has highlighted the debate over juvenile transfers to adult courts. Proponents of treating violent juvenile offenders as adults argue that juvenile offenders should be held accountable and receive punishment that is appropriate to the seriousness of their offenses and that society must be protected by their removal from law abiding communities. They urge that young offenders must be held accountable for both lesser and more serious crimes, especially when the former offenses, if unpunished, may lead offenders to commit the latter. Opponents of treating violent juvenile offenders as adults argue that harsh punishment of juvenile offenders is counterproductive, creating recidivism. Trying youths in juvenile courts rather than adult courts, they contend, is more effective in most cases. Some opponents argue that the media and legislators have overreacted to the threat posed by juvenile violence to society.