While state legislatures have acted quickly to change policy, the reality has become apparent that most crimes committed by juveniles are nonviolent, making the need to incarcerate them for extended periods of time in adult prison unnecessary, and the vast majority of individuals who offend during adolescence do not continue to do so in adulthood (Border Disputes between Juvenile and Adult Criminal Justice Systems: Exclusion and Transfer Laws, 2008).
There are many ways that a minor can enter the adult criminal system:
Judicial waiver: the juvenile court judge makes a decision about whether a particular youth should be transferred to adult court, allowing for the consideration of the individual's characteristics such as the juvenile's maturity level, personal circumstances, and prior history.
Statutory exclusions: are laws that rule out youth from the juvenile court, usually if they meet certain age or crime criteria or both.
Concurrent jurisdiction and direct file which is also referred to as prosecutorial discretion. In these cases the prosecutor decides whether or not a juvenile will be transferred directly to adult court. In most states, in order to qualify for direct...
Youth may or may not have to serve the adult phase of their sentence, depending upon various factors that are recommended like treatment or sticking to the terms of probation, but the terms are often vague and lacking in procedural safeguards such as whether the youth is entitled to representation (Border Disputes between Juvenile and Adult Criminal Justice Systems: Exclusion and Transfer Laws, 2008).
References
Border Disputes between Juvenile and Adult Criminal Justice Systems: Exclusion and Transfer
Laws. (2008). Retrieved March 29, 2010, from Web site:
http://futureofchildren.org/futureofchildren/publications/highlights/18_02_Highlights_09.
pdf
Butts, Jeffrey A. And Harrell, Adele V. (2009). Delinquents or Criminals: Policy Options for Young Offenders. Retrieved March 29, 2010, from Urban Institute Web site:
http://www.urban.org/publications/307452.html
