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Juveniles in Court
Delinquency Cases
Q: Have there been increases in the number of cases judicially waived to criminal court?
A: The number of delinquency cases judicially waived to criminal court more than doubled between 1985 and 1994 and then declined 73% through 2016. However, trends varied across offense categories.

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  • One of the first actions taken during the juvenile court process is determining whether a case should be processed in the criminal justice system rather than in juvenile court. In most States, cases referred to juvenile court that meet certain criteria may be transferred to criminal court upon the authorization of the juvenile court judge. In such cases, the judge may waive the juvenile court's jurisdiction over the case, thus referring it to criminal court for prosecution. This mechanism is known as judicial waiver.
  • Most States have more than one mechanism for transferring cases to criminal court. In an increasing number of States, cases that meet certain age and offense criteria are excluded by statute from juvenile court jurisdiction and are thus filed directly in criminal court. In some States, statutes give prosecutors discretion to file certain juvenile cases directly in criminal court under concurrent jurisdiction provisions.
  • The number of delinquency cases judicially waived to criminal court in 2016 was 73% less than the number waived in 1994, the peak year.
  • The number of person offense cases judicially waived to criminal court nearly tripled between 1985 and 1994 and then declined 66% through 2016. Despite this decline, person offense cases represented the largest share (52%) of waived cases in 2016.

Internet citation: OJJDP Statistical Briefing Book. Online. Available: https://www.ojjdp.gov/ojstatbb/court/qa06502.asp?qaDate=2016. Released on August 22, 2018.

Adapted from Easy Access to Juvenile Court Statistics. Available on-line at: https://www.ojjdp.gov/ojstatbb/ezajcs/.

Data Source: National Juvenile Court Data Archive. National Center for Juvenile Justice. Pittsburgh, PA.

 

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