Convicted transfers did not always receive
harsher sanctions than adults received
Convicted juvenile
transfers differ from
adult felons
The National Judicial Reporting Program
compiles information on sentences that
felons receive in state courts nationwide
and on the felons’ characteristics. Data
are collected on a sample basis every
other year. The term “felony,” although
not uniformly defined or used across the
country, is often defined as crimes for
which a convicted offender can be sentenced
to more than 1 year in prison.
Juvenile-age felony defendants convicted
in criminal court were identified in 1996
data from a nationally representative
sample of 344 counties. These juvenile
transfers included those whose cases
were statutorily excluded from juvenile
court jurisdiction, filed in criminal court
at the discretion of prosecutors, and judicially
waived from juvenile court to criminal
court. The sample of transfers was
large, although not statistically representative
of all juvenile transfers.
Compared with adult felons, juvenile transfers
were more likely to be male than female
and more likely to be black than white.
Percentage of convicted felons:
| Characteristic |
Transferred
juvenile |
Adult |
|
| Gender |
100% |
100% |
| Male |
96 |
84 |
| Female |
4 |
16 |
| Race |
100% |
100% |
| White |
43 |
53 |
| Black |
55 |
45 |
| Other
races |
2 |
2 |
Note: Detail may not total 100% because of rounding.
All racial groups include Hispanics. |
Juvenile transfers were
more likely than adults
to be convicted of a
person offense
In most states, provisions for transferring
juveniles to criminal court target the
most serious offenses and the most serious
juvenile offenders. The result is that,
compared with adult felons, transferred
juveniles had a substantially greater proportion
of person offense convictions
(especially robbery and aggravated
assault) and a smaller proportion of
drug convictions.
Percentage of convicted felons:
|
Most serious conviction offense |
Transferred
juvenile |
Adult |
|
|
All felonies |
100% |
100%
|
|
Person |
53% |
17% |
|
Murder |
7 |
1 |
|
Sexual assault
|
4 |
3 |
|
Robbery |
23 |
4 |
|
Aggravated assault
|
17 |
7 |
| Other
person |
1 |
1 |
|
Property |
27% |
30% |
|
Burglary |
19 |
9 |
|
Larceny |
8 |
12 |
|
Fraud |
1 |
8 |
|
Drugs |
11% |
37% |
|
Possession |
3 |
15 |
|
Trafficking |
8 |
22 |
|
Weapons |
3% |
3% |
|
Other offenses |
6% |
14% |
Note: Detail may not add to totals because of
rounding. |
Some transfers received
harsher sanctions than
adults; others did not
Among defendants convicted of burglary,
larceny, or weapons offenses, juvenile
transfers were more likely to be sentenced
to prison than were adult felons convicted
of similar offenses.
Percentage of convicted felons sentenced to
prison:
Most serious
conviction offense |
Transferred
juvenile |
Adult |
|
|
All felonies |
60% |
37% |
|
Person |
75% |
78% |
|
Murder |
96 |
95 |
|
Sexual assault |
73 |
75 |
|
Robbery |
79 |
78 |
|
Aggravated assault |
67 |
75 |
|
Property |
46% |
18% |
|
Burglary |
50 |
20 |
|
Larceny |
37 |
17 |
|
Drugs |
31% |
34% |
|
Possession |
21 |
28 |
|
Trafficking |
34 |
37 |
|
Weapons |
55% |
39% |
Among defendants convicted of murder
or weapons offenses, transfers received
longer prison terms than adults. However,
among those convicted of sexual assault,
burglary, or drug offenses, transfers
received shorter prison terms than adults.
Mean maximum sentence length (in months)
for convicted felons sentenced to prison:
|
Most serious conviction offense |
Transferred
juvenile |
Adult |
|
|
All felonies |
91 |
59 |
|
Person |
118 |
101 |
| Murder
|
277 |
250 |
|
Sexual assault
|
105 |
117 |
| Robbery
|
101 |
95 |
| Aggravated
assault |
80 |
66 |
|
Property |
39 |
46 |
| Burglary
|
41 |
57 |
| Larceny
|
33 |
38 |
|
Drugs |
30 |
47 |
| Possession
|
21 |
38 |
| Trafficking
|
32 |
52 |
|
Weapons |
48 |
42 |