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Criminals in the adult criminal justice system are often likely to be career criminals. Moreover, simply to survive in an adult institution, juveniles may have to adopt increasingly anti-social behavior. If the goal is to keep these children from reoffending, putting them in the same system as more experienced criminals, which does not have a deterrence effect on the adults in that system, simply seems like the wrong approach.
The fact that juveniles in the criminal justice system were more likely to reoffend than their matched controls in the juvenile justice system should change transfer policies (Bishop et al., 1996). Criminal justice officials need to understand that diversion can only be successful if the targeted individual is on a pathway to becoming a juvenile recidivist. Therefore, one must consider the individual. "Diversion programs must handle only youngsters who otherwise would enter, or penetrate further into, the justice system. We must have some reasonable certainty that they would do so; 6-year-old clients, many first offenders, and many minor offenders do not offer that reasonable certainty" (Klein, 1979). Even violent offenders, the most frequent targets for diversion programs, might not be at risk for becoming recidivists; for example, most juvenile males who commit homicides have killed the stepfather or boyfriend who abuses their mother. Putting aside the issue...
In fact, sanction-oriented programs have a negative impact overall, because they result in a larger number of youth spending greater period of time in the system (Ezell, 1989).
References
Bishop, D.M., Frazier, C., Kaduce, L., & Winner, L. (1996). The transfer of juveniles to criminal court: Does it make a difference? Crime & Delinquency, 42,171-191.
Ezell, M. (1989). Juvenile arbitration: net widening and other unintended consequences.
Journal
of Research in Crime and Delinquency, 26, 358-377.
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