Prosecuting Children as Adults: How do Juvenile Court Judges Decide Who Should Face that Fate?

Abstract

The increase in juvenile arrests for violent crime over the past several decades has resulted in stricter and harsher legislation regarding juvenile transfer. The legislation has taken much of the discretion away from juvenile court judges, especially with the lowering of the minimum age a juvenile can be transferred to adult criminal court and increasing the amount of crimes that result in automatic transfer. The legislation not only limits the power of judicial discretion, it gives very little to no guidance for juvenile court judges during the transfer process. The effect that the limited guidance has had on the judge's discretionary decision has led to inconsistency in which juveniles are transferred to adult criminal court and which juveniles remain in the juvenile justice system. This study focused on the level of consistency among factors used to determine whether or not to transfer a juvenile, and how certain factors may influence judicial transfer rates. Data were collected from 104 questionnaires completed by juvenile court judges in Ohio and Pennsylvania. The results indicated that there is a level of consistency in how juvenile court judges weigh juvenile transfer factors, but there is less consistency in the offenses judges believe should lead to the transfer process. The results also indicated there is consistency in the juvenile court judges' perception of their discretionary power and in the implications of their discretionary power. Future research studying the effect of geographic regions, residential areas, and judicial experience on the weight juvenile court judges place on factors would benefit this topic. A qualitative study on the responses given by the participants in this study would also benefit the topic.