Chapter 3
National Estimates of Delinquency Case Processing

Juvenile courts may divert some juveniles away from the formal justice system to other agencies for service or may decide to process juveniles formally with the filing of a petition. Juvenile courts may adjudicate these formal cases and may order probation or residential placement, or they may waive jurisdiction and transfer certain cases from juvenile court to criminal court. While their cases are being processed, juveniles may be held in secure detention.

This chapter quantifies the flow of delinquency cases through each stage of the juvenile court system by offense and by demographics (age, gender, and race) of the juveniles involved. The chapter focuses on cases disposed in 1999 and also examines trends from 1990.

Detention

When are youth detained?

Juvenile courts sometimes hold youth in secure detention facilities during court processing. Depending on the state’s detention laws, the court may decide detention is necessary to protect the community, to ensure a juvenile’s appearance at subsequent court hearings, or to secure the juvenile’s own safety. Detention may also be ordered for the purpose of evaluating the juvenile. This Report describes the use of detention only between court referral and case disposition, although juveniles can be detained by police prior to referral and also after disposition while awaiting placement elsewhere.

The offense profile of detained delinquency cases has changed since 1990

Offense profile of detained delinquency cases:

Most serious offense 1990 1995 1999

Person 22% 28% 27%
Property 49    39    34   
Drugs 9    12    13   
Public order 20    21    26   
Total 100% 100% 100%
Number of cases 302,800 295,400 336,200

Note: Detail may not total 100% because of rounding.

  • Compared with 1990, the 1999 detention caseload contained a greater proportion of person offense cases and a smaller share of property offense cases.

  • In 1999, the percentage of cases involving detention was lower for property offenses than for any other offense category. Nevertheless, property cases accounted for the largest share of all cases involving detention, because they represented the largest share of the juvenile court caseload.

In 1999, juveniles were detained between referral and disposition in 20% of all delinquency cases processed

Figure showing percent of delinquency cases detained, by offense type, 1990-99

  • For all four general offense categories, the probability of detention was lower in 1999 than in 1990. This pattern was most pronounced for drug cases.

  • Property offense cases were least likely to involve detention.


Although the percentage of delinquency cases involving detention decreased between 1990 and 1999, the number of such cases increased

Figure showing number of delinquency cases detained, by offense type, 1990-99

  • The number of delinquency cases involving detention increased 11% between 1990 and 1999. Drug cases had the greatest percent increase in the number of detained cases (62%), followed by public order cases (44%), and person cases (32%). In contrast, the number of detained property cases declined 22% during this period.

  • Despite the decline in the number of detained property cases, these cases still accounted for the largest volume of cases involving detention in 1999.

In 1999, detention was used more frequently for older juveniles than for younger juveniles

Percentage of delinquency cases detained:

Most serious offense Age at referral
10 11 12 13 14 15 16 17

Delinquency    6%    9%    13%    17%    21%    22%    22%    23%
Person 9 11 15 20 24 25 26 28
Property 4 6 11 13 17 18 19 18
Drugs * 14 10 17 23 23 23 25
Public order 6 12 15 20 23 25 23 24
* Too few cases to obtain a reliable percentage.

  • Overall, the likelihood of detention increased through age 17.

  • Across all ages, property offense cases were less likely to involve detention than were cases in any other offense category.

The number of cases involving detention increased 4% among males and 50% among females between 1990 and 1999

Figure showing number of delinquency cases detained, by gender, 1990-99

  • Although the percent increase in cases involving detention was greater for females than for males, the number of cases involving detention remained much greater for males than for females. In 1999, males accounted for 80% of cases involving detention.

  • Between 1990 and 1999, the percent increase in cases detained was greater for females than for males in every offense category. For example, the number of person offense cases involving detention increased 102% for females and 20% for males.

Juveniles younger than 16 accounted for 53% of cases involving detention in 1999

Age profile of detained delinquency cases:

Age at referral 1990 1995 1999

10 or younger    1%    1%    1%
11 1 1 1
12 4 4 3
13 9 9 8
14 17  17  16 
15 24  24  23 
16 26  26   26  
17 or older 17  18   21  
Total 100% 100% 100%
Note: Detail may not total 100% because of rounding.

  • The age profile for detention cases changed only slightly between 1990 and 1999.

In 1999, 21% of male delinquency cases and 16% of female cases involved detention

Percentage of delinquency cases detained:

Most serious offense 1990 1995 1999

Male    24%    18%    21%
Person 29 23 25
Property 20 15 18
Drugs 39 22 23
Public order 28 20 23
Female    18%    12%    16%
Person 20 17 19
Property 14 8 12
Drugs 28 16 20
Public order 26 15 20

  • Regardless of offense, males were more likely to be detained than females.

  • For both males and females, the greatest decline in the use of detention was for drug cases (16 and 8 percentage points, respectively).

  • Males and females were least likely to be detained in cases involving property offenses.

Trends in the use of detention varied by race and offense

Percentage of delinquency cases detained:

Most serious offense 1990 1995 1999

White    20%    14%    18%
Person 24 19 21
Property 17 12 15
Drugs 27 14 17
Public order 26 17 20
Black    29%    22%    25%
Person 31 25 25
Property 24 17 20
Drugs 52 34 38
Public order 31 20 28
Other races    29%    21%    23%
Person 38 29 32
Property 25 16 17
Drugs 35 17 21
Public order 33 29 29

  • In 1999, youth were detained at some point between referral and disposition in 18% of delinquency cases involving white juveniles, 25% of cases involving blacks, and 23% of cases involving youth of other races.

  • The largest racial variation in detention use in 1999 was for cases involving drug law violations. Detention was used in 17% of drug cases involving white juveniles, 38% of cases involving blacks, and 21% of cases involving youth of other races.

  • The proportion of cases involving detention decreased for all racial groups between 1990 and 1999, but the decline was only 2 percentage points for white youth, compared with 4 percentage points for black youth and 6 percentage points for youth of other races.

  • For all racial groups, the greatest decline in the use of detention between 1990 and 1999 was for drug cases (down 9 percentage points for white youth and 14 for black youth and youth of other races).

The number of cases involving detention increased 17% for white juveniles between 1990 and 1999

Figure showing number of delinquency cases detained, by race, 1990-99

  • Between 1990 and 1999, the relative increase in the number of cases involving detention was about the same for black juveniles (3%) and youth of other races (2%).

  • Overall, the detention caseload increased by 33,400 cases between 1990 and 1999; cases involving white juveniles accounted for 89% of this increase.


For each racial group, the likelihood of detention was lower in 1999 than in 1990

Figure showing percent of delinquency cases detained, by race, 1990-99

  • Throughout the 1990s, cases involving black juveniles and youth of other races were more likely to be detained than cases involving white juveniles.

Black juveniles accounted for a smaller share of delinquency cases involving detention in 1999 than in 1990

Figure showing percent distribution of delinquency cases detained, by race, 1990-99

Data Table
Year White Black Other
races
Total

1990    57%    38%    4%    100%
1991 56 40 4 100
1992 58 38 4 100
1993 58 38 4 100
1994 59 37 4 100
1995 57 39 5 100
1996 56 39 5 100
1997 58 38 4 100
1998 61 35 4 100
1999 61 36 4 100

Note: Detail may not total 100% because of rounding.

  • In 1990, blacks accounted for 38% of the detention caseload; by 1999, their proportion had decreased to 36%. Juveniles of other races remained at 4% of the detention caseload throughout most of the 1990s.

    Black youth were overrepresented in detention caseloads in 1999

    Black youth were overrepresented in the detention caseload, compared with their proportions in the overall delinquency caseload. Although black youth made up 28% of all delinquency cases processed in 1999, they were involved in 36% of detained cases. This overrepresentation was greatest for drug offenses: blacks accounted for 27% of all drug cases processed but 45% of drug cases detained.

    Percentage of cases that involved black juveniles in 1999:

    Most serious offense All cases Detained cases

    Delinquency    28%    36%
    Person 34 38
    Property 26 31
    Drugs 27 45
    Public order 28 34

    In all offense categories, youth of other races made up less than 5% of all cases processed and of those involving detention.

    Intake Decision

    In 1999, 57% of all delinquency cases were formally processed

    Formal processing of a case involves the filing of a petition that requests an adjudicatory or waiver hearing. Informally processed cases, on the other hand, are handled without a petition and without an adjudicatory or waiver hearing.

    Percentage of delinquency cases petitioned:

    Most serious offense 1990 1995 1999

    Delinquency    50%    54%    57%
    Person 55 58 60
    Property 47 50 54
    Drugs 66 60 61
    Public order 50 56 59

    • Between 1990 and 1999, the use of formal processing increased for three of the four general offense categories; drug offense cases were the exception.

    • In each year between 1990 and 1999, drug offense cases were more likely than other offense cases to be handled formally.

    Offense profile of delinquency cases, 1999:

    Most serious offense Nonpetitioned Petitioned

    Person    22%    24%
    Property 45 40
    Drugs 10 12
    Public order 23 24
    Total    100%    100%
    Number of cases 711,100        962,000      
    Note: Detail may not total 100% because of rounding.

    • Compared with nonpetitioned cases, petitioned cases in 1999 involved higher proportions of person, drug, and public order offenses and a lower proportion of property offenses.

    The number of petitioned delinquency cases increased 47% between 1990 and 1999

    Figure showing number of petitioned and nonpetitioned delinquency cases between 1990 and 1999

    • Between 1990 and 1999, the number of nonpetitioned cases increased 8%, and the overall delinquency caseload increased 27%.

    • Since 1992, petitioned cases have outnumbered nonpetitioned cases. In 1999, there were 35% more petitioned than nonpetitioned delinquency cases.


    Between 1990 and 1999, the petitioned caseload increased for all offense categories

    Figure showing petitioned cases for all offense categories, 1990-99

    • The number of petitioned drug offense cases increased 151% between 1990 and 1999—more than any other offense category.

    • Unlike the trends for other offense categories, the number of formally handled property offense cases peaked in 1996 and then declined through 1999.

    Age

    • In each year between 1990 and 1999, delinquency cases involving juveniles age 16 or older were more likely to be petitioned than were cases involving younger juveniles.

    • In 1999, 55% of delinquency cases involving youth age 15 or younger were petitioned, compared with 61% of cases involving older youth.

    • Between 1990 and 1999, the proportion of drug offense cases petitioned declined for both age groups.

    Gender

    • Regardless of offense, juvenile courts were more likely to petition cases involving males than females.

    • For both males and females, property offense cases were least likely to be petitioned than cases involving other offense categories.

    Race

    • Delinquency cases involving black juveniles were more likely to be petitioned than were cases involving white youth or youth of other races.

    • In 1999, racial differences in the likelihood of petitioning were greatest for drug offense cases: 80% of drug cases involving black juveniles were petitioned, compared with 56% for juveniles of other races and 54% of white juveniles.

    The likelihood of formal handling increased between 1990 and 1999 for all demographic categories

    Percentage of delinquency cases petitioned:

    Most serious offense 1990 1995 1999

    Age
    15 or younger    47%    51%    55%
    Person 52 55 58
    Property 44 47 52
    Drugs 66 58 59
    Public order 50 54 56
    16 or older    54%    59%    61%
    Person 59 63 64
    Property 52 56 58
    Drugs 65 62 63
    Public order 51 60 61
    Gender
    Male    52%    57%    60%
    Person 58 61 63
    Property 50 54 58
    Drugs 68 62 63
    Public order 51 58 60
    Female    38%    43%    49%
    Person 43 49 53
    Property 33 38 42
    Drugs 52 48 52
    Public order 46 51 54
    Race
    White    45%    51%    54%
    Person 49 54 57
    Property 44 48 53
    Drugs 53 52 54
    Public order 46 55 56
    Black    60%    61%    65%
    Person 62 64 67
    Property 54 55 60
    Drugs 82 77 80
    Public order 61 61 65
    Other races    51%    52%    53%
    Person 60 59 58
    Property 48 49 48
    Drugs 43 48 56
    Public order 53 51 58

    Waiver

    The mechanisms used to transfer responsibility for a case to the criminal court vary by state

    One of the first decisions made at intake is whether a case should be processed in the criminal (adult) justice system rather than in the juvenile court. Most states have more than one mechanism for transferring cases to criminal court. In some states, prosecutors may have the authority to file certain juvenile cases directly in 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. Most states also have statutory provisions for judicial waiver, whereby a juvenile court judge may waive juvenile court jurisdiction in certain juvenile cases, thus authorizing a transfer to criminal court. In most instances, when a waiver request is denied, the case is then scheduled for an adjudicatory hearing in juvenile court. This Report describes only those cases that were transferred to criminal court by judicial waiver.

    Judicial waiver provisions vary from state to state. In some states, these provisions target youth charged with violent offenses and offenses involving firearms. Most state statutes also limit judicial waiver to juveniles who are “no longer amenable to treatment.” The factors that determine lack of amenability vary but typically include the juvenile’s offense history and previous dispositional outcomes. In addition, many state statutes instruct juvenile courts to consider other factors, such as the availability of dispositional alternatives for treatment, the time available for sanctions, public safety, and the best interests of the child. Although these factors play an important role in the likelihood of a case being judicially waived to criminal court, they are not controlled for in this Report because of the nature of the data collection.

    About 1% of petitioned delinquency cases are waived, but trends in the use of waiver vary by offense

    Figure showing percent of petitioned delinquency cases judicially waived to criminal court, by offense type, 1990-99

    • Between 1990 and 1992, drug offense cases were the most likely to be waived to criminal court. Since 1993, however, person offense cases have been the most likely to be waived.


    The number of cases judicially waived to criminal court peaked in 1994 at 12,100 cases

    Figure showing number of delinquency cases judicially waived to criminal court, 1990-99

    • The number of delinquency cases judicially waived to criminal court in 1994 was 45% greater than the number waived in 1990. This increase was followed by a 38% decline between 1994 and 1999. As a result, the number of cases waived in 1999 was 9% below the number waived in 1990.

    Although the number of waived cases has dropped in recent years, the number was slightly higher in 1999 than in 1990 for drug and public order offense cases

    Figure showing number of delinquency cases judicially waived to criminal court, by offense type,  1990-99

    • The number of judicially waived person offense cases doubled between 1990 and 1994 and then declined 52% through 1999. As a result, the number of person offense cases judicially waived in 1999 was 5% less than the number waived in 1990.

    • With the exception of 1991, the number of waived drug offense cases was relatively stable between 1990 and 1999, averaging about 1,300 cases per year.

    • The number of waived property offense cases declined 34% between 1994 and 1999. By 1999, the number of waived property offense cases was 21% less than the number waived in 1990.

    • For public order offenses, the number of cases waived in 1999 was 21% greater than the number waived in 1990.

    The offense profile of cases judicially waived to criminal court changed considerably between 1990 and 1999

    Offense profile of waived delinquency cases:

    Most serious offense 1990 1995 1999

    Person    32%    47%    34%
    Property 45 34 40
    Drugs 15 13 16
    Public order 8 7 11
    Total   100%   100%   100%
    Number of cases 8,300    10,400    7,500   
    Note: Detail may not total 100% because of rounding.

    • The proportion of all waived delinquency cases that involved a property offense as the most serious charge declined from 45% in 1990 to 40% in 1999.

    • The proportion of person offenses among judicially waived cases grew from 32% in 1990 to a peak of 47% in 1995 and then dropped to 34% in 1999.

    The probability of waiver to criminal court is substantially greater for cases involving older juveniles than for cases involving younger juveniles

    Percentage of petitioned delinquency cases waived to criminal court:

    Most serious offense 1990 1995 1999

    Age
    15 or younger    0.2%    0.3%    0.2%
    Person 0.5 0.8 0.3
    Property 0.1 0.2 0.1
    Drugs 0.5 0.3 0.2
    Public order 0.1 0.1 0.1
    16 or older    2.6%    2.1%    1.5%
    Person 4.1 4.4 2.3
    Property 2.4 1.7 1.6
    Drugs 4.0 2.0 1.6
    Public order 1.1 0.6 0.6
    Gender
    Male    1.4%    1.3%    0.9%
    Person 2.2 2.7 1.3
    Property 1.2 0.9 0.9
    Drugs 2.8 1.5 1.1
    Public order 0.7 0.5 0.4
    Female    0.4%    0.2%    0.2%
    Person 0.3 0.4 0.3
    Property 0.4 0.2 0.2
    Drugs 1.3 0.3 0.5
    Public order 0.1 0.1 0.1
    Race
    White    0.9%    0.8%    0.7%
    Person 1.3 1.7 0.9
    Property 1.0 0.7 0.7
    Drugs 1.0 0.7 0.6
    Public order 0.4 0.3 0.3
    Black    1.9%    1.6%    1.1%
    Person 2.6 2.8 1.3
    Property 1.2 1.0 0.9
    Drugs 4.0 2.2 1.9
    Public order 1.0 0.6 0.5
    Other races    0.9%    1.1%    0.5%
    Person 2.5 3.0 1.5
    Property 0.6 0.5 0.3
    Drugs 0.2 0.4 0.2
    Public order 0.2 0.3 0.0

    Age

    • In 1999, 1.5% of all petitioned delinquency cases involving juveniles age 16 or older were waived to criminal court, compared with 0.2% of cases involving younger juveniles.

    • For older juveniles, the probability of waiver peaked in 1991 at 3.2% and then declined through 1999. This pattern was most marked in waivers for older juveniles charged with drug offenses, which peaked at 6.5% in 1991 and then dropped to 1.6% by 1999.

    • Regardless of offense, less than 1% of all petitioned delinquency cases involving juveniles age 15 or younger were waived to criminal court between 1990 and 1999.

    Gender

    • In 1999, delinquency cases involving males were 4 times more likely to be judicially waived to criminal court than were cases involving females: 0.9% of petitioned cases involving males were waived to criminal court, compared with 0.2% of cases involving females.

    • For both males and females, the proportion of cases waived to criminal court was smaller in 1999 than in 1990.

    • For males, judicial waivers for petitioned cases involving drug offenses showed a substantial decline between 1991 and 1999 (from 4.3% to 1.1%).

    • Drug cases involving females followed the same pattern, decreasing from 2.2% in 1991 to 0.5% in 1999.