Juvenile Felony Defendants in Criminal Courts

Transcription

1 U.S. Deprtment of Justice Office of Justice Progrms Bureu of Justice Sttistics Specil Report Stte Court Processing Sttistics, Septemer 199, NCJ 1515 Juvenile Felony Defendnts in Criminl Courts By Kevin J. Strom nd Steven K. Smith BJS Sttisticins Howrd N. Snyder Ntionl Center for Juvenile Justice In the Ntion's 75 lrgest counties, juveniles hndled s dults in criminl courts represented out 1% of ll felony defendnts. Stte sttutes define which persons re under the originl jurisdiction of the juvenile court system. In 199, 39 Sttes nd the District of Columi defined the upper ge limit of juvenile court jurisdiction t ge 17. The remining 11 Sttes set the upper ge limit elow ge 17. Three Sttes (Connecticut, NewYork, nd North Crolin) defined 1- nd 17-yer-olds s dults. Eight Sttes (Georgi, Illinois, Louisin, Msschusetts, Michign, Missouri, Texs, nd South Crolin) defined 17-yerolds s dults. Ech Stte legislture, however, hs put in plce mechnisms tht enle persons clssified s juveniles in the Stte to e trnsferred to the dult justice system nd hndled in criminl court. These mechnisms include judicil wiver, concurrent jurisdiction, nd sttutorily excluding certin offenses from juvenile court jurisdiction. (See ox on pge 7.) Highlights Juvenile defendnts in criminl courts In the Ntion's 75 lrgest counties, juveniles trnsferred to criminl courts represented out 1% of ll felony defendnts. Juveniles trnsferred to criminl court were generlly violent felony offenders. Two-thirds were chrged with violent offense, including out 11% with murder, 3% with roery, nd 15% chrged with felony ssult. 3% of juveniles trnsferred to criminl courts were lck mles, 29% were white mles, 3% were lck femles, nd 2% were white femles. 59% of juveniles trnsferred to criminl courts were convicted of felony, nd 52% of those convicted of felony were sentenced to prison. Aout third of juveniles in criminl courts sentenced to Stte prison received sentence of yers or less. The verge prison sentence for juveniles convicted in criminl courts ws out 9 yers; for those convicted of violent offense, the verge prison sentence ws nerly 11 yers. Defendnts in juvenile courts In the 75 lrgest counties, nerly 2% of juveniles ge 15 or older formlly hndled in juvenile courts were trnsferred to criminl courts y judicil wiver. Among those referred to juvenile court for murder, 37% were judicilly wived to criminl court. Of juveniles formlly processed in juvenile courts, were white mles; 3%, lck mles; 7%, white femles; nd 5%, lck femles. of juvenile defendnts formlly processed in juvenile courts were djudicted delinquent. Among juvenile defendnts djudicted delinquent, % received disposition of residentil plcement nd 5% received forml protion. Juvenile defendnts in the 75 lrgest counties, 199, 1992, nd 199 Chrcteristic Criminl court Mle Femle White Blck 7 Other 2 rrest chrge Violent % Property 17 Drug Jointly Pulished with the Office of Juvenile Justice nd Delinquency Prevention 2%

2 Tle 1. Chrcteristics of juvenile defendnts in criminl nd juvenile courts in the Ntion's 75 lrgest counties, 199, 1992, nd 199 Percent of juveniles in Chrcteristic Criminl court Sex Mle Femle Rce White Blck Other Age t rrest 1 nd under or over Note: 1,3 juvenile defendnts were prosecuted s dults in the Ntion's 75 lrgest counties during My 199, 1992, nd ,2 defendnts were formlly processed in juvenile courts in selected numer of the Ntion's 75 lrgest counties in 199, 1992, nd 199. Dt on sex of defendnts were ville for 99% of the cses; on defendnts rce, for 5%. Generl offense ctegories include offenses other thn those displyed. --Adult court smple includes only defendnts under 1. smple includes only defendnts ge 15 or older. Juveniles in criminl nd juvenile courts This report presents dt on juveniles prosecuted s felony defendnts in criminl courts within the Ntion's 75 lrgest counties. Comprle dt re lso presented on juvenile defendnts formlly processed in the juvenile court system in selected numer of the Ntion's 75 lrgest counties. Every 2 yers the Bureu of Justice Sttistics (BJS) gthers informtion on smple of felony defendnts through the Stte Court Processing Sttistics (SCPS) project. Dt for this report were comined from the 199, 1992, nd 199 dt collections. An estimted 7,11 defendnts under ge 1 fced chrges in criminl court during My in the 3-yer period out fourth (23%) of whom, sed on ge, would e considered juveniles y Stte lw. dt were provided Tle 2. rrest chrge for juvenile felony defendnts in criminl courts, 199, 1992, nd 199 rrest chrge Murder Rpe Note: 1,3 juvenile defendnts were prosecuted s dults in the Ntion's 75 lrgest counties during My 199, 1992, nd 199. Dt for most serious rrest chrge ville for of ll cses. Detil my not dd to totl ecuse of rounding. Generl offense ctegories include offenses other thn those displyed. y the Ntionl Center for Juvenile Justice (NCJJ). The Ntionl Juvenile Court Dt Archive provided dt on more thn 37, juvenile defendnts formlly processed in juvenile courts in selected numer of counties mong the Ntion's 75 lrgest. (See Methodology for description of smpled counties from the NCJJ.) rrest chrge Criminl court Percent of juvenile defendnts in the criminl courts of the Ntion's 75 lrgest counties % % 1% 3% Among juveniles prosecuted in criminl courts in the Ntion's 75 lrgest counties, two-thirds were chrged with violent felony offense including roery (3%), ssult (15%), nd murder (11%) (tle 2). Aout sixth were chrged with felony property offense. For the reminder of juveniles in criminl courts, the most serious rrest chrge ws drug (1%) or pulicorder offense (3%). Pulic-order offenses include wepons chrges, Tle 3. referrl offense for juvenile defendnts ge 15 or older in juvenile courts, 199, 1992, nd 199 referrl chrge 2% Murder -- Rpe 1 15 Note: 37,2 defendnts were formlly processed in juvenile courts in selected numer of the Ntion's 75 lrgest counties in 199, 1992, nd 199. These defendnts were not trnsferred to criminl court for prosecution. Dt for most serious referrl chrge were ville for of ll cses. Detil my not dd to totl ecuse of rounding. The juvenile court smple represents counties from the Ntionl Juvenile Court Dt Archive tht were included in the Ntion's 75 lrgest counties. Generl offense ctegories include offenses other thn those displyed. --Less thn.5%. Murder includes mnslughter. Rpe includes other violent sex offenses. driving-relted chrges, nd other violtions of socil order. Percent of defendnts in juvenile courts of the Ntion's 75 lrgest counties % 22 % 1 An estimted 2% of the defendnts in juvenile courts in the Ntion s 75 lrgest counties were referred for violent offenses, out 1 for pulicorder offenses, nd % for drugrelted offenses (tle 3). Slightly less thn hlf of the defendnts in juvenile courts were referred for property offenses (%) including theft (22%) nd urglry (%). 2 Juvenile Felony Defendnts in Criminl Courts

3 Demogrphics Criminl court In the Ntion s 75 lrgest counties, of juveniles in criminl courts were mle, with the proportion of mle offenders vrying slightly y offense type (tle ). Femles, who represented out of ll juvenile defendnts in criminl courts, were chrged with violent offense in over 7% of cses (not shown in tle). Over hlf of femle defendnts in criminl court were chrged with roery (). Two-thirds of the juveniles in criminl courts were lck, lmost third were white, nd the remining defendnts were memers of other rcil groups. Blck mles comprised 7 in 1 violent juvenile defendnts in criminl courts (not shown in tle). Aout 5% of juvenile murder defendnts in criminl court were lck mles, 72% of rpe defendnts, 7 of roery defendnts, 1% of ssult defendnts, nd 5% of defendnts chrged with other types of violent crime. Three-fourths of juvenile drug offenses in criminl court involved lck mle defendnt, s did two-thirds of pulicorder chrges. White mles comprised the mjority of juveniles chrged with urglry (2%). As in criminl court, juvenile defendnts in juvenile courts were lrgely mle (). By offense, mles comprised the lrgest percentges mong defendnts referred to juvenile court for rpe (9), urglry (9%), nd murder (9%) (tle 5). Fifty-five percent of defendnts processed in juvenile courts were white, 1% were lck, nd % were memers of other rcil groups. Whites ccounted for 59% of the murder defendnts referred to juvenile court, 51% of ssult defendnts, 9% of urglry, 5% of theft, nd 59% of pulic-order defendnts. Blck defendnts comprised 53% of defendnts referred to juvenile court for rpe, % of roery, nd 59% of drug defendnts. rrest chrge Murder Rpe Totl Sex Mle % 95 9% Femle % 5 11% Overll, lck mles ccounted for out third of defendnts in juvenile courts (not shown in tle). Aout % of violent defendnts in juvenile court were lck mles compred to 7% of violent juveniles in criminl courts. White mles ccounted for the mjority of juvenile defendnts referred to juvenile courts for murder () nd urglry (%). Tle. Sex nd rce of juvenile felony defendnts in criminl court, y most serious rrest chrge: 199, 1992, nd 199 Percent of juvenile felony defendnts in the 75 lrgest counties Note: 1,3 juvenile defendnts were prosecuted s dults in the Ntion's 75 lrgest counties during My 199, 1992, nd 199. Dt on sex nd rce of defendnts were ville for 99% of ll eligile cses. Detil my not dd to totl ecuse of rounding. Zero indictes no cses in the smple. Generl offense ctegories include offenses other thn those displyed % 12% 17 % Totl Rce White Blck % % % 23% Tle 5. Sex nd rce of juvenile defendnts in juvenile court, y most serious referrl chrge: 199, 1992, nd 199 referrl chrge 12% 1% 9 5 7% 73% % % Murder Rpe % 77% Other Note: 37,2 defendnts were formlly processed in juvenile courts of the Ntion's 75 lrgest counties in 199, 1992, nd 199. These defendnts were not trnsferred to criminl court for prosecution. Dt on sex of defendnts were ville for of cses nd for rce of defendnts, for of ll eligile cses. Detil my not dd to totl ecuse of rounding. The juvenile court smple represents counties from the Ntionl Juvenile Court Dt Archive tht were included in the Ntion s 75 lrgest counties. Generl offense ctegories include offenses other thn those displyed. Murder includes mnslughter. Rpe includes other violent sex offenses. % 59% 1% 35% 2 59% 37% % % 5 1% % 2% 2% 3 % 9 Percent of defendnts in juvenile courts of the Ntion s 75 lrgest counties Sex Rce Totl Mle Femle Totl White Blck Other % % Juvenile Felony Defendnts in Criminl Courts 3

4 Tle. Juvenile felony defendnts in criminl court relesed efore or detined until cse disposition, y most serious rrest chrge, 199, 1992, nd 199 rrest chrge Murder Rpe Note: 1,3 juvenile defendnts were prosecuted s dults in the Ntion's 75 lrgest counties during My 199, 1992, nd 199. Dt on pretril relese were ville for 93% of ll eligile cses. Detils my not dd to totl ecuse of rounding. Generl offense ctegories include offenses other thn those displyed. Pretril relese nd detention Criminl court Juvenile defendnts in the criminl courts of the Ntion s 75 lrgest counties Totl Detined until cse disposition Relesed efore cse disposition 9% 5% % 3 37% 1% Overll, out hlf of juveniles prosecuted in criminl courts were relesed prior to the finl disposition of their cse (tle ). Pulic-order (19%) nd violent (%) juvenile defendnts were the lest likely to e relesed pretril, while property (7%) nd drug (3%) defendnts were the most likely. Aout hlf of juveniles in criminl courts chrged with roery (), ssult (7%), or rpe (7%) were relesed pretril. Thirteen percent of juvenile murder defendnts in criminl courts were relesed prior to cse disposition. Over hlf of violent defendnts in juvenile courts were relesed pretril (57%), s were out two-thirds of those chrged with property (71%), drug (%), or pulic-order (5%) offenses (tle 7). Among defendnts referred to juvenile courts, 22% of murder defendnts, 5% of roery, nd 5% of rpe defendnts were relesed pretril % % % 75 3% 19% Adjudiction Criminl court referrl chrge Nerly two-thirds of juvenile defendnts in criminl courts were convicted (tle ). Aout 9 in 1 of the convictions Murder Rpe Tle 7. Juvenile defendnts ge 15 or older detined t ny time prior to cse disposition in juvenile court, y most serious referrl chrge, 199, 1992, nd 199 Defendnts in juvenile courts of the Ntion's 75 lrgest counties Totl Detined Relesed 3% 57% Murder 7 22 Rpe c % 29% 35 2 % 5% 71% 5 72 % 35% 5% Note: 37,2 defendnts were formlly processed in juvenile courts of the Ntion's 75 lrgest counties in 199, 1992, nd 199. These defendnts were not trnsferred to criminl court for prosecution. Dt on pretril relese were ville for 71% of ll eligile cses. Detils my not dd to totl ecuse of rounding. The juvenile court smple represents counties from the Ntionl Juvenile Court Dt Archive tht were included in the Ntion's 75 lrgest counties. Generl offense ctegories include offenses not shown. Includes those who did not post il. Murder includes mnslughter. c Rpe includes other violent sex offenses. 59% % % 91% 5% % 59 91% 7% % 5 5% 91% were for felonies. By generl offense ctegory, conviction rtes in criminl court were 91% for pulic-order offenses nd 59% for violent offenses. Tle. Adjudiction outcome for felony defendnts defined s juveniles, y most serious rrest chrge, 199, 1992, nd 199 rrest chrge Percent of felony defendnts defined s juveniles in the 75 lrgest counties Convicted Felony Misde- Not convicted Dis- Other Totl Totl Ple Tril menor Totl missed outcome % 59% 51% 9% 19 7 Note: 1,3 juvenile defendnts were prosecuted s dults in the Ntion's 75 lrgest counties during My 199, 1992, nd 199. Eleven percent of ll eligile cses were still pending djudiction t the end of the 1-yer study period nd re excluded from the tle. Dt on djudiction outcome were ville for 5% of those cses tht hd een djudicted. Detil my not dd to sutotl ecuse of rounding. Generl offense ctegories include offenses other thn those displyed. Zero indictes no cses in the smple. Totl not convicted includes cquittls. Includes other outcomes such s diversions nd deferred djudiction. 3% 12% 5% % % 1 2% 27% % % 9% % 29% % 9 1 2% 9% 9% 1% % % % Juvenile Felony Defendnts in Criminl Courts

5 Aout 7% of juvenile property defendnts in criminl court nd 7% of defendnts chrged with drug offenses were convicted. Juvenile defendnts in criminl court chrged with pulic-order or drug chrges were the most likely to hve received felony conviction. In most cses where the juvenile ws not convicted in criminl court, it ws ecuse the chrges ginst the defendnt were dismissed y the prosecutor or the court. Dismissl occurred in out fourth of juvenile felony cses in criminl court. Nerly % of defendnts chrged with rpe hd their cses dismissed. Overll, out 2% of juvenile defendnts in criminl court were cquitted, including 7% of murder defendnts nd 11% of urglry defendnts. Aout 9% of juvenile cses in criminl court hd other outcomes such s diversion or deferred djudiction. Tle 9. Adjudiction outcome for defendnts ge 15 or ove in juvenile courts, y most serious referrl offense, 199, 1992, nd 199 Most serious referrl offense Violent offenses 51% 9% Murder 5 2 Rpe Property offenses Drug offenses Defendnts in juvenile courts of the Ntion's 75 lrgest counties Totl Adjudicted Not Delinquent delinquent % 5% 3 5% Pulicorder offenses 59% 1% Note: 37,2 defendnts were formlly processed in juvenile courts of the Ntion's 75 lrgest counties in 199, 1992, nd 199. These defendnts were not trnsferred to criminl court for prosecution. Dt on djudiction outcome were ville for of the eligile cses. The juvenile court smple represents counties from the Ntionl Juvenile Court Dt Archive tht were included in the Ntion's 75 lrgest counties. Generl offense ctegories include offenses not shown. Murder includes mnslughter. Rpe includes other violent sex offenses. Fifty-one percent of juvenile defendnts in criminl court pleded guilty to felony, nd n dditionl 5% pleded guilty to misdemenor. Aout 1% of juvenile cses djudicted within 1 yer went to ench or jury tril. A fifth of the trils ended in n cquittl, while the reminder resulted in guilty verdict. Regrdless of the method of djudiction, defendnts who were convicted were usully convicted of the originl rrest chrge. This ws most likely to e the cse when the originl offense ws violent. Among those chrged with murder nd lter convicted, were convicted of the originl rrest chrge. The corresponding percentges were lso high for roery 7%) nd ssult (7%). Among juvenile defendnts formlly processed in the juvenile court system, were djudicted delinquent (tle 9). Juvenile djudiction ptterns differed little y offense type, s t lest hlf or more in ech mjor offense ctegory were found delinquent. Tle 1. Juvenile felony defendnts in criminl court, y conviction offense, 199, 1992, nd 199 conviction offense All felonies Murder Rpe Misdemenors Juvenile defendnts in the criminl courts of the Ntion's 75 lrgest counties Percent 51% % % 5% Note: 1,3 juvenile defendnts were prosecuted s dults in the Ntions' 75 lrgest counties during My 199, 1992, nd 199. Dt on conviction offense type were ville for of cses involving defendnts who hd een convicted. Detil my not dd to totl ecuse of rounding. Generl offense ctegories include offenses not shown. Among defendnts referred to juvenile court for pulic-order offenses, 59% were found delinquent, s were 51% of those referred for violent offenses. Conviction nd delinquent djudiction Criminl court Overll, out 9 in 1 juvenile convictions in criminl court were felonies, with over hlf representing violent convictions nd fifth property convictions (tle 1). The reminder of juvenile defendnts were convicted of drug-relted offenses (15%), pulic-order offenses (5%) or misdemenor offenses (). By conviction offense, % of juveniles in criminl court were convicted of roery, 7% were convicted of urglry, 15% of drug offenses, 1% of felony ssult, nd 1% of theft. Nerly hlf of defendnts in juvenile courts were djudicted delinquent for property offense, out fifth for violent offense, nd fifth for pulic-order offense (tle 11). Tle 11. Defendnts ge 15 or older djudicted delinquent in juvenile court, y most serious djudiction offense, 199, 1992, nd 199 referrl offense 22% Murder -- Rpe 1 1 Defendnts in juvenile courts of the Ntion's 75 lrgest counties Percent % 22 % 19% Note: 37,2 defendnts were formlly processed in juvenile courts of the 75 lrgest counties in 199, 1992, nd 199. These defendnts were not trnsferred to criminl court. Dt on djudiction chrge ville for of ll eligile cses. Detils my not dd to totl ecuse of rounding. Generl offense ctegories include offenses not shown. The juvenile court smple represents counties from the Ntionl Juvenile Court Dt Archive tht were included in the 75 lrgest counties. --Less thn.5%. Murder includes mnslughter. Rpe includes other violent sex offenses. Juvenile Felony Defendnts in Criminl Courts 5

6 Sentencing Criminl court Overll, of convicted juveniles in criminl court were sentenced to incrcertion in Stte prison or locl jil (Tle 12). Over hlf of juvenile felony convictions resulted in sentence to Stte prison, while over hlf of juvenile misdemenor convictions resulted in sentence to locl jil. Seventy-nine percent of juveniles convicted of violent offenses in criminl court were sentenced to incrcertion, with nerly 7 in 1 violent convictions resulting in sentence to Stte prison. Hlf of juveniles in criminl court convicted of drug offenses were sentenced to incrcertion, with 3% sentenced to Stte prison. Thirty-one percent of juveniles convicted in criminl court were sentenced to protion, nd out 1% received other nonincrcertion sentences. Forty-six percent of those convicted of drug offenses were sentenced to protion, while 21% of those convicted of violent offenses hd similr outcome. By specific offense type, three-fourths of juveniles in criminl court convicted of urglry were sentenced to protion. In juvenile court during this period, % of delinquent defendnts were sentenced to residentil plcement, 5% were sentenced to protion, nd 1% to other snctions (tle ). Over hlf of defendnts djudicted delinquent for murder (77%) nd roery (57%) were sentenced to residentil plcement. Among defendnts djudicted delinquent in juvenile court, hlf were sentenced to protion. Fifty-four percent of those djudicted delinquent conviction offense Murder Rpe Misdemenor All felonies Percent of convicted juvenile defendnts in the Ntion's 75 lrgest counties sentenced to-- Incrcertion Totl Totl Prison Jil 9% 79% % 2 7 5% % 2% 9% 52% % 2 3 3% 27% for property offenses nd 7% of those djudicted delinquent for violent offenses received protion. Tle 12. type of sentence received y convicted juvenile defendnts in criminl court, y most serious conviction offense, 199, 1992, nd 199 5% 11% % 3 Note: 1,3 juvenile defendnts were prosecuted s dults in the Ntion's 75 lrgest counties during My 199, 1992, nd 199. Dt on type of sentence were ville for 93% of cses involving juvenile defendnts who hd een convicted. Eight percent of prison sentences nd 1% of jil sentences included protion term. Fourteen percent of prison sentences, 19% of jil sentences, nd % of protion sentences included fine. Fines my hve included restitution or community service. Totl for ll felonies includes cses tht could not e clssified into 1 of the mjor offense ctegories. Detil my not dd to sutotl ecuse of rounding. Generl offense ctegories include offenses not shown. Zero indictes no cses in the smple. 35% 3 5% % 1% 1% 33% 57% % 7% 9% Murder Rpe c % 7 Nonincrcertion Totl Protion Fine 32% 21% 27 3% 7 2 5% % 3 3% 21% 27 % 7 2 % % 32% Tle. Disposition received y juveniles ge 15 or older djudicted delinquent, y most serious djudicted offense, 199, 1992, nd 199 djudicted offense Totl Plcement % Protion 5% Other 1% 1% 1% % 3% 3% % % 1% % Note: 37,2 defendnts were formlly processed in juvenile courts of the Ntion's 75 lrgest counties in 199, 1992, nd 199. These defendnts were not trnsferred to criminl court for prosecution. Dt on disposition ville for 97% of ll eligile cses. Detil my not dd to sutotl ecuse of rounding. The juvenile court smple represents counties from the Ntionl Juvenile Court Dt Archive tht were included in the Ntion's lrgest 75 counties. Generl offense ctegories include offenses other thn those displyed. Other outcomes includes such things s fines, restitution, nd community service. Murder includes mnslughter. c Rpe includes other violent sex offenses. 5% 11% 9% Juvenile Felony Defendnts in Criminl Courts

7 juvenile clled Mechnisms y which juveniles cn rech criminl court All Sttes llow juveniles to e proceeded ginst s dults in criminl court under certin circumstnces. The following description of mechnisms tht Sttes use is summrized from Stte Responses to Serious nd Violent Juvenile Crime y Ptrici Toret nd others. In ll Sttes except New Mexico, Nersk, New York, nd Connecticut, juvenile court judges my wive jurisdiction over the cse nd trnsfer it to criminl court. The wiver nd trnsfer my e sed on their own judgment, in response to the Stte prosecutor's request, or in some Sttes t the request of juveniles or their prents. In relted provision presumptive wiver offenders must e wived to criminl court unless they cn prove tht they re menle to juvenile rehilittion. This type of provision shifts the urden of proof from the prosecutor to the juvenile. As of 1995, 12 Sttes nd the District of Columi hd encted presumptive provisions. Concurrent jurisdiction sttutes, lso clled prosecutoril discretion or directfile, give prosecutors the uthority to file certin juvenile cses in either juvenile or criminl court. Ten Sttes nd the District of Columi hd concurrent jurisdiction sttutes s of Sttutory exclusion of certin serious offenses from juvenile court jurisdiction is nother mechnism in mny Sttes. This would lso include mndtory wiver provisions. Thirty-six Sttes nd the District of Columi exclude selected offenses from juvenile court jurisdiction. The most common offenses excluded re cpitl murder, murder of other types, nd serious crimes ginst persons. Severl Sttes exclude juveniles chrged with felonies if they hve prior djudictions or convictions. Reverse wiver provisions hve een encted in 22 Sttes tht llow the criminl court, usully on motion from the prosecutor, to trnsfer excluded or directfile cses ck to the juvenile court for djudiction nd/or disposition. "Once n dult, lwys n dult" provisions, encted in 17 Sttes nd the District of Columi, require tht once the juvenile court jurisdiction is wived or the juvenile is sentenced in criminl court s result of direct filing or exclusion, ll susequent cses involving the juvenile offender will e under criminl court jurisdiction. (For informtion out specific provisions of the vrious mechnisms listed ove, see Juvenile Offenders nd Victims: A Ntionl Report, 1995, pp. 5-9.) Juvenile murder defendnts nd rrestees In the 75 lrgest counties Juvenile murder defendnt chrcteristic Sex Mle Femle Rce White Blck Other Judicil processing Detined pretril Convicted/djudicted delinquent Sentence for murder convictions Prison/secured detinment Protion Mximum prison sentence for murder convictions Less thn 2 yers 2 to 1 yers In criminl court 9% % 9 7% 5 % 1 In juvenile court 9% 59% % 21 1 or more yers 7 -- Note: 17 juvenile defendnts were prosecuted s dults for murder in the Ntion's 75 lrgest counties during My 199, 1992, nd ,33 murder defendnts were formlly processed in juvenile courts in the 75 lrgest counties during clendr yers 199, 1992, nd 199. Detil my not dd to sutotl ecuse of rounding. Zero indictes no cses in the smple. --No dt were ville for length of detinment in juvenile fcilities In the United Sttes 1, persons under ge 1 were rrested for murder in 19. The numer of persons under 1 rrested for murder peked in 1993 with 3,79 rrests. From 1993 to 199 the numer of murder rrests of those under 1 dropped nerly %. Murder rrests of juveniles, 3,5 3, 2,5 2, 1,5 1, Note: Arrest estimtes re sed on dt reported in the series Crime in the United Sttes using n ssumption tht the nnul proportion of juvenile rrests in the reporting smple is the sme s in the U.S. popultion. Source for Juvenile rrest dt: Snyder, H. (199). Juvenile Murder Arrests: Pittsurgh: Ntionl Center for Juvenile Justice. Juvenile Felony Defendnts in Criminl Courts 7

8 Appendix A. Judicil processing of felony defendnts under, y Stte juvenile ge definition, 199, 1992, nd 199 The tle shown compres the judicil processing of juvenile felony defendnts in criminl courts with tht of other young felony defendnts. Dt on persons younger thn yers prosecuted in Stte courts re presented in three ctegories. The first column includes those defendnts etween ges 1 nd 2 t the time of rrest. The second includes felony defendnts under ge 1 who, y definition, were considered dults y Stte ge sttute. For exmple, in New York ll 1- nd 17-yer-old defendnts were considered dults under 1. Finlly, defendnts defined y Stte ge sttutes s under the originl jurisdiction of the juvenile courts were considered juveniles in criminl courts. An estimted 57,129 felony cses were filed ginst defendnts ge 1 to 2 in the Stte courts of the Ntion s 75 lrgest counties during My 199, 1992, nd 199. By comprison, 7,11 felony defendnts under ge 1 were prosecuted in the Stte courts during similr time frme. Of these defendnts under ge 1, 23% or 1,3 cses were defined s juveniles y Stte sttutes nd the remining 77% (5,72 cses) were defined s dults under 1. Juvenile defendnts compred to dults 1 to 2 Defendnts defined s juveniles in criminl courts were more thn twice s likely to e chrged with violent offense thn defendnts 1 to 2. Among violent felony defendnts, juveniles in criminl court were more likely thn defendnts 1 to 2 to e detined pretril prior to cse disposition convicted of felony offense sentenced to Stte prison. rrest chrge Pretril relese for violent felony chrge Adjudiction outcome for violent felony defendnts Convicted Felony Misdemenor Not convicted sentence for violent convictions Prison Jil Protion Men prison sentence for violent convictions in months Percent of felony defendnts ge 1 to 2 2% % % 1 97 mo 127 Note: Dt for the specific rrest chrge were ville for 99% of the cses. Detil my not dd to sutotl ecuse of rounding. Juvenile defendnts compred to dults under 1 The verge prison sentence for juveniles convicted of violent offenses in criminl courts ws out 1 yers ( men of 127 months nd medin of 7 months). For dult defendnts under 1 the verge prison sentence for violent offenses ws out yers ( men of 97 months nd medin of 72). Of juveniles sentenced to prison for violent offenses 7% were sentenced to 2 yers or less 3% from 2+ yers to yers 2% from + yers to 1 yers 22% to over 1 yers, nd 2% to life imprisonment. 9 mo Percent of felony defendnts under 1 defined s Adult Juvenile 3% % 39% % 7 52 % % 5% mo Juvenile Felony Defendnts in Criminl Courts

9 Appendix B. Estimting the numer of juveniles hndled in dult courts Sources for sttistics on juveniles in dult courts The Ntionl Judicil Reporting Progrm (NJRP) is iennil survey tht compiles informtion on the sentences tht felons receive in Stte courts ntionwide nd on chrcteristics of the felons. The 199 survey estimted tht 21, felons were younger thn 1 t rrest, conviction, or sentencing in Stte courts ntionwide. Of these felons, n estimted 12, were juveniles convicted of felony in Stte courts. The Ntionl Survey of Stte Prosecutors (NSP) is ntionlly representtive smple drwn from list of ll prosecutors' offices tht hndle felony cses in Stte courts. The 199 NSP estimted tht 27, juveniles were proceeded ginst in criminl court y prosecutors' offices. The Ntionl Juvenile Court Dt Archive which is supported y OJJDP grnt numer 95-JN-FX-, t the Ntionl Center for Juvenile Justice (NCJJ), contins the most detiled informtion ville on youth involved in the juvenile justice system nd on ctivities of U.S. juvenile courts. In 199, 1992, nd 199, over 377, defendnts ge 15 or older were formlly processed in juvenile courts in selected numer of the Ntion s 75 lrgest counties. Of these defendnts, pproximtely 1.9% were trnsferred to criminl court y wy of judicil wiver. The Stte Court Processing Sttistics (SCPS) progrm is iennil dt collection on the processing of felony defendnts in the Stte courts of the Ntion s 75 lrgest counties. During My of 199, 1992, nd 199 n estimted 7,11 defendnts under ge 1 fced chrges in criminl court out fourth of whom, sed on ge, would e considered juveniles y Stte lw. Difficulties in developing Ntionl estimtes for the numer of juveniles in dult courts: Lck of uniform reporting methods y Sttes regrding juvenile trnsfer sttistics, including the mechnisms y which juveniles rech dult courts Vrition in the definition of juvenile offenders cross Sttes Frequent chnges in Stte sttutes defining juvenile court jurisdiction. Appendix C. Juveniles djudicted s dults in the Federl system Juveniles my e djudicted s dults in the Federl system if the offense chrged ws violent felony or drug trfficking or importtion nd if the offense ws committed fter the juvenile s 15th irthdy. Or, if the juvenile possessed firerm during violent offense, the juvenile my e djudicted s n dult if the offense ws committed fter the juvenile s th irthdy. Before proceeding ginst juvenile in Federl court, the U.S. ttorney must certify to the court sustntil Federl interest in the cse nd t lest one of the following: The Stte does not hve jurisdiction. The Stte refuses to ssume jurisdiction. The Stte with jurisdiction does not hve dequte progrms or services for juvenile offenders. The offense chrged is violent felony, drug trfficking or importtion offense, or firerm offense (1 U.S.C. Section 532). While the U.S. Deprtment of Justice does not systemticlly collect informtion on juvenile trnsfers to Federl courts, it is estimted tht during the 12 months ending Septemer 3, 199, 5 juveniles were referred to the Attorney Generl for trnsfer to dult sttus. Source: Juvenile Delinquents in the Federl Criminl Justice System, 1995, BJS Bulletin, NCJ-, 1997, pp Juvenile Felony Defendnts in Criminl Courts 9

10 Appendix D. Jurisdictions in the Ntion's 75 lrgest counties used in the Stte Court Processing Sttistics nd Ntionl Juvenile Court Dt Archive smples Stte/county Alm Jefferson Arizon Mricop Pim Cliforni Almed Contr Cost Fresno Los Angeles Ornge Riverside Scrmento Sn Bernrdino Sn Diego Sn Frncisco Sn Mteo Snt Clr Ventur Connecticut Firfield Hrtford New Hven Dist. of Columi Wshington Florid Browrd Dde Duvl Hillsorough Ornge Plm Bech Pinells Georgi Fulton HwiI Honolulu Illinois Cook Du Pge Kentucky Jefferson Mrylnd Bltimore Bltimore City Montgomery Pr. George s Msschusetts Essex Middlesex Suffolk Juveniles in Adult courts s Stte/county Michign Wyne Minnesot Hennepin Missouri Jckson St. Louis New Jersey Bergen Essex Middlesex New York Bronx Erie Kings Monroe Nssu New York Queens Suffolk Westchester Ohio Cuyhog Frnklin Hmilton Oklhom Oklhom Pennsylvni Allegheny Montgomery Phildelphi Tennessee Shely Texs Dlls Hrris Trrnt Uth Slt Lke Virgini Firfx Wshington King Wisconsin Milwukee Juveniles in Adult courts s Juvenile Felony Defendnts in Criminl Courts

11 Methodology Stte Court Processing Sttistics (SCPS) The smple of juvenile defendnts in criminl courts were selected from comined SCPS surveys from 199, 1992, nd 199. Juvenile sttus ws determined sed on Stte sttutes for mximum juvenile court jurisdiction. Age of defendnt ws ge t rrest. In 199 the mximum ge for juvenile court jurisdiction ws 17 or younger in 39 Sttes nd the District of Columi (Alm, Alsk, Arizon, Arknss, Cliforni, Colordo, Delwre, District of Columi, Florid, Hwii, Idho, Indin, Iow, Knss, Kentucky, Mine, Mrylnd, Minnesot, Mississippi, Montn, Nersk, Nevd, New Hmpshire, New Jersey, New Mexico, North Dkot, Ohio, Oklhom, Oregon, Pennsylvni, Rhode Islnd, South Dkot, Tennessee, Uth, Vermont, Virgini, Wshington, West Virgini, nd Wisconsin). In eight Sttes the mximum ge for juvenile court jurisdiction ws 1 (Georgi, Illinois, Louisin, Msschusetts, Michign, Missouri, South Crolin, nd Texs). In n dditionl three sttes, the mximum ge for juvenile court jurisdiction ws 15 (Connecticut, New York, nd North Crolin). For exmple, in New York ll felony defendnts 15 nd younger in Stte court were considered to e juveniles y definition nd reched criminl court y wy of one or more juvenile trnsfer mechnisms. The mechnism y which these defendnts reched criminl courts is unknown. Since 199 New Hmpshire nd Wisconsin hve lowered their juvenile ge sttus from 17 to 1. The SCPS smple ws designed nd selected y the U.S. Bureu of Census under BJS supervision. It is 2-stge strtified smple, with (or 39 in 199) of the 75 most populous counties selected t the first stge nd systemtic smple of Stte court felony filings (defendnts) within ech county selected t the second stge. The (39 in 199) counties were divided into first-stge strt sed on court filing informtion otined through telephone survey. In 199 nd 1992, 1 counties were included in the smple with certinty ecuse of their lrge numer of court filings. The remining 2 counties were llocted to the 3 non-certinty strt sed on the vrince of felony court dispositions. In 199, 12 counties were included in the smple with certinty ecuse of their lrge numer of court filings. The remining counties were llocted to the three non-certinty strt sed on the vrince of felony court dispositions. The second-stge smpling (filings) were designed to represent ll defendnts who hd felony cses filed with the court during the month of My in 199, 1992, nd 199. The prticipting jurisdictions provided dt for every felony cse filed on selected dys during tht month. In 199, ech jurisdiction provided dt for the 5, 1, 15, or 31 dys in My from which to smple ll felony defendnts who hd felony chrges filed. In 1992 nd 199, ech jurisdiction provided dt for 1, 2, or weeks' filings in My. Dt from jurisdictions tht were not required to provide full month of filings were weighted to represent the full month. In 199, dt on,597 smple felony cses were collected from the smpled jurisdictions, representing 512 weighted juvenile cses in criminl courts during the month of My in the 75 most populous counties. In 1992 dt on,2 smple felony cses were collected from the smpled jurisdictions, representing weighted juvenile cses in criminl courts during My in the 75 most populous counties. In 199, 1,91 smple felony cses were collected from the 39 smpled jurisdictions, representing weighted juvenile cses in criminl courts during My in the 75 most populous counties. Cses tht could not e clssified into one of the four mjor crime ctegories (violent, property, drug, or pulic-order) ecuse of incomplete informtion were omitted from the nlysis. Dt collection ws supervised y the Pretril Services Resource Center of Wshington, D.C. For counties found in the SCPS nd NJCDA smples see Appendix D. Becuse the dt cme from smple, smpling error (stndrd error) is ssocited with ech reported numer. In generl, if the difference etween two SCPS-generted numers is greter thn twice the stndrd error for tht difference, we cn sy tht we re 95% confident of rel difference nd tht the pprent difference is not simply the result of using smple rther thn the entire popultion. All differences discussed in this report were sttisticlly significnt t or ove the 95-percent confidence level. Ntionl Juvenile Court Dt Archive (NJCDA) Dt for juvenile defendnts processed in the juvenile courts of the 75 lrgest counties in 199, 1992, nd 199 were provided y Howrd Snyder of the Ntionl Center for Juvenile Justice (NCJJ). The dt were provided for counties mtching those in the SCPS progrm for the respective yers. The juvenile court smple includes only those youths ge 15 or older in formlly processed delinquency cses not trnsferred to criminl court. Defendnts processed informlly in the juvenile justice system were not included in this nlysis. Due to the nture of the smple, stndrd errors cnnot e clculted ecuse the proility of selection ws unknown. In Florid, 7 counties re dministered in 11 juvenile justice districts. These districts contin one or more counties, nd ech county is in only one district. In the juvenile court dt, cses from different counties could not e distinguished within specific district. As result, this nlysis includes dt from ny Florid district tht contins t lest one smpled county. The Florid districts included re the following: District (Bker, Cly, Duvl, Flgler, Nssu, St. Johns, nd Volusi); District 5 (Psco nd Pinells); District (Hrdee, Highlnds, Hillsorough, Mntee, nd Polk); District 7 (Brevrd, Ornge, Osceol, nd Seminole); District 9 (Indin River, Mrtin, Okeechoee, Plm Bech, nd St. Lucie); District 1 (Browrd); nd District 11 (Dde nd Monroe). Juvenile Felony Defendnts in Criminl Courts 11

12 The Bureu of Justice Sttistics is the sttisticl gency of the U.S. Deprtment of Justice. Jn M. Chiken, Ph.D., is director. Shy Bilchik is dministrtor of the Office of Juvenile Justice nd Delinquency Prevention, which is the primry Federl gency responsile for ddressing the issue of juvenile crime nd delinquency nd the prolem of missing nd exploited children. The Ntionl Juvenile Court Dt Archive t the Ntionl Center for Juvenile Justice (NCJJ) is supported y OJJDP Grnt 95-JN-FX-. Kevin J. Strom nd Steven K. Smith, Ph.D., of BJS nd Howrd N. Snyder, Ph.D., of NCJJ wrote this report. Meliss Sickmund, Ph.D., of NCJJ provided ssistnce nd helpful comments. At BJS, Greg Stedmn, Tim Hrt, nd Devon Adms provided sttisticl review. Tom Hester nd Yvonne Boston edited the report, which ws produced y Ms. Boston. Mrilyn Mrrook supervised finl puliction nd dissemintion. This nd other BJS reports s well s Stte Court Processing Sttistics re ville from our Internet site: Dt used in this report re ville from the Ntionl Archive of Criminl Justice Dt t the University of Michign, The BJS dt sets re rchived s ICPSR 55, 23, 5, 3, 2, nd 23. To e dded to the miling list, plese fill in this pge nd fx to , or fold, stmp, nd mil to: Plese send: the current BJS Pulictions Ctlog the Ntionl Criminl Justice Reference Service (NCJRS) Registrtion Form, which signs you up for free suscription to the NCJRS Ctlog, pulished six times yer. BJS Cleringhouse P.O. Box 179, Dept. BJS Annpolis Junction, MD Septemer 199, NCJ Juvenile Felony Defendnts in Criminl Courts