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


Previous Contents Next

Juveniles in Court OJJDP National Report Series Bulletin
June 2003