In recent years, the number of juvenile offenders transferred into the adult criminal justice system has increased. From 1992 through 1995, 40 States and the District of Columbia passed laws making it easier for juveniles to be tried as adults. To better understand this growing trend and its potential impact on youth crime, we need to take into account the nature of the offenses triggering such transfers and the various mechanisms used to effect them.

Trying Juveniles as Adults in Criminal Court: An Analysis of State Transfer Provisions delineates the distinctions among discretionary, mandatory, and presumptive waivers. Direct file provisions, which typically authorize the prosecutor to determine the jurisdiction based on age/offense categories, are described, as are statutory exclusions, which remove certain offenses or age/offense categories from the jurisdiction of the juvenile court. Other topics covered include "once an adult/always an adult" provisions, transfer for nonviolent offenses, requirements for additional pretransfer findings, evidentiary standards for waivers and transfers, transfer treatment based on prior record, devices to limit prosecutorial discretion, and minimum age provisions.

As we work to strengthen our response to challenges posed by youth crime, the information provided by this Bulletin should prove helpful in assessing the role that should be played by the transfer of juvenile offenders to adult criminal courts.

Shay Bilchik
Administrator
Office of Juvenile Justice and Delinquency Prevention

Trying Juveniles as Adults in Criminal Court: An Analysis of State Transfer Provisions	December 1998