This chapter quantifies the flow of delinquency cases through each of the following stages of the juvenile court system.

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

Intake: 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.

Waiver: 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: prosecutors may have the authority to file certain juvenile cases directly in criminal court; state statute may order cases meeting certain age and offense criteria be excluded from juvenile court jurisdiction and filed directly in criminal court; and a juvenile court judge may waive juvenile court jurisdiction in certain juvenile cases, thus authorizing a transfer to criminal court. This Report describes those cases that were transferred to criminal court by judicial waiver only.

Adjudication: At an adjudicatory hearing, a youth may be adjudicated (judged) a delinquent if the juvenile court determines that the youth did commit the offense(s) charged in the petition. If the youth is adjudicated, the case proceeds to a disposition hearing. Alternatively, a case can be dismissed or continued in contemplation of dismissal. In these cases where the youth is not adjudicated delinquent, the court can recommend that the youth take some actions prior to the final adjudication decision, such as paying restitution or voluntarily attending drug counseling.

Disposition: Disposition options include commitment to an institution or other residential facility, probation supervision, or a variety of other sanctions, such as community service, restitution or fines, or referral to an outside agency or treatment program. This Report characterizes case disposition by the most severe or restrictive sanction. For example, although most youth in out-of-home placements are also technically on probation, in this Report cases resulting in placement are not included in the probation group.

This chapter describes case processing by offense and by demographics (age, gender, and race) of the juveniles involved, focusing on cases disposed in 2002 and examining trends from 1985 through 2002.

• The number of delinquency cases involving detention increased 42% between 1985 and 2002, from 231,400 to 329,800. The largest relative increase was for drug offense cases (140%), followed by person cases (122%) and public order cases (72%). In contrast, the number of detained property offense cases declined 12% during this period.

• Despite the growth in the volume of delinquency cases involving detention, the proportion of cases detained was the same in 2002 as in 1985 (20%).

• Although property offense cases were the least likely to involve detention, they still accounted for the largest volume of cases involving detention.

• For person and property offense cases, the proportion of cases involving detention changed very little between 1985 and 2002.

• The use of detention for public order offense cases decreased between 1985 and 2002.

Offense profile of detained delinquency cases:

• Compared with 1985, the offense characteristics of the 2002 detention caseload changed, involving greater proportions of person, drug, and public order offense cases and a smaller proportion of property offense cases.

The number of cases involving detention increased substantially between 1985 and 2002 for person, drug, and public order offenses but decreased for property offense cases.

The proportion of drug offense cases involving detention reached a peak of 37% in 1990 and declined to 20% in 2002

While black youth represented 29% of the overall delinquency caseload in 2002, they made up 36% of the detention caseload

• Between 1985 and 2002, the proportion of all delinquency cases that involved black youth averaged 29%, while that average was 37% of all detained cases.

• Historically, overrepresentation of black youth was greatest for drug offense cases. On average, between 1985 and 2002, black youth accounted for 33% of all cases involving drug offense violations but represented 50% of such cases detained.

• Between 1985 and 1991, the proportion of detained drug offense cases involving black youth increased substantially (from 30% to 65%). Since that time, the proportion of detained drug offense cases involving black youth has steadily decreased but remains above the 1985 level.

• Between 1988 and 1992, the proportion of detained drug offense cases involving black youth was more than 60%.

• In 2002, black youth accounted for 21% of all drug offense cases processed but were involved in 36% of the drug offenses that involved detention.

• Black youth accounted for 37% of the person offense cases processed in 2002 and 41% of those detained.

• The proportion of property offense cases involving black youth in 2002 was 28%, while the proportion of detained property offense cases involving black youth was 36%.

• Black juveniles made up 29% of public order offense cases processed in 2002 and 31% of those detained.

• Youth of other races made up 5% or less of the overall 2002 caseload for each offense category as well as the corresponding caseloads involving detention.

• In each year from 1985 through 2002, delinquency cases involving youth age 16 or older were more likely to be detained than were cases involving youth age 15 or younger.

• For both age groups, drug offense cases were more likely to involve detention than were other offense cases between 1987 and the mid 1990s. After that time, however, person offense and public order offense cases were more likely to involve detention than were drug offense cases.

• In 2002, 16-year-olds accounted for 25% of the cases that involved detention cases, a larger proportion of cases than any other single age group.

Gender

• Male juveniles charged with delinquency offenses were more likely than females to be held in secure facilities while awaiting court disposition. Overall in 2002, 22% of male delinquency cases involved detention, compared with 17% of female cases.

• In 2002, both males and females were least likely to be detained in cases involving property offenses (19% and 12%, respectively).

For all years between 1985 and 2002, detention was more likely for cases involving older youth than younger youth, males than females, and black youth than white youth

Percentage of delinquency cases detained by age group:

Percentage of delinquency cases detained by gender:

Percentage of delinquency cases detained by race:

Race

• Cases involving black youth were more likely to be detained than cases involving white youth in each year between 1985 and 2002 across offense categories.

• In 2002, person offense cases involving black youth and youth of other races were more likely to involve detention than those involving white youth (28%, 27%, and 23%, respectively).

• The likelihood of detention for property offenses in 2002 was higher for black youth than for white youth and youth of other races (22%, 15%, and 17%, respectively).

• In 2002, black youth were twice as likely as white youth and youth of other races to be detained for cases involving drug offenses (33%, 16%, and 17%, respectively).

• Between 1985 and 2002, the likelihood of detention for cases involving public order offenses decreased for youth of all races: from 25% to 21% for white youth, from 31% to 23% for black youth, and from 37% to 24% for youth of other races.

• Overall, between 1985 and 2002, the detention caseload increased from 151,600 to 199,700 for white youth (32%), from 72,500 to 118,600 for black youth (64%), and from 7,300 to 11,500 for youth of other races (57%).

• Among white youth and youth of other races, the largest increase between 1985 and 2002 in the number of cases involving detention was seen in juveniles charged with person offense violations (144% and 141%, respectively); among black youth, the largest increase in the number of cases detained involved drug offense violations (194%).

Intake Decision

• Between 1985 and 2002, the likelihood that a delinquency case would be handled informally (without filing a petition for adjudication) decreased. While the overall delinquency caseload increased 41% between 1985 and 2002, the number of nonpetitioned cases increased 9% and the number of petitioned cases increased 80%.

• Between 1992 and 2002, the number of cases handled with the filing of a petition requesting an adjudicatory hearing increased 27%, while the number of nonpetitioned cases declined 9%.

• The largest increase in the number of petitioned cases between 1985 and 2002 was seen in drug offense cases (265%), followed by public order offense cases (178%) and person offense cases (137%).

• Between 1985 and 2002, the number of formally handled property offense cases increased 13%. Unlike the trends for the other three offense categories, the number of formally handled property offense cases peaked in 1996 and then declined through 2002.

Offense profile of delinquency cases, 2002:

• In 2002, the offense profiles of nonpetitioned and petitioned delinquency cases were very similar.

Between 1985 and 1992, delinquency cases were more likely to be handled without the filing of a petition; beginning in 1993, the reverse was true

In contrast to the other general offense categories, the number of property offense cases decreased 25% between 1996 and 2002

In 2002, juvenile courts petitioned nearly 6 of 10 delinquency cases

Between 1985 and 2002, the use of formal processing increased in all general offense categories

• The overall likelihood of formal handling was greater for more serious offenses within the same general offense category. In 2002, for example, 69% of aggravated assault cases were handled formally, compared with 55% of simple assault cases. Similarly, 78% of burglary cases and 79% of motor vehicle theft cases were handled formally by juvenile courts, compared with 44% of larceny-theft and 52% of vandalism cases.

• Between 1985 and 2002, the likelihood of formal processing increased: from 43% to 61% for drug offense cases, from 54% to 60% for person offense cases, from 45% to 59% for public order cases, and from 44% to 55% for property offense cases.

• Between 1987 and 1996, drug offense cases were more likely than other cases to be handled formally.

• Since 1996, person offense cases have been as likely to be handled formally as cases involving drug offenses.

Age

• In each year between 1985 and 2002, delinquency cases involving juveniles age 16 or older were more likely to be petitioned than were cases involving younger juveniles.

• In 2002, 55% of delinquency cases involving youth age 15 or younger were petitioned, compared with 61% of cases involving older youth.

• Since 1991, the proportion of drug offense cases petitioned has declined for both age groups, while the proportion of petitioned cases for each of the other general offense categories has grown.

• Among youth age 15 or younger, drug offense cases were more likely to be handled formally than any other offense category between 1987 and 1998. Since 1999, person offense cases have been as likely as or more likely than drug offense cases to be petitioned for adjudication.

• Among youth age 16 or older, person offense cases were more likely to be handled formally than any other offense category between 1995 and 2002.

Gender

• Between 1985 and 2002, the proportion of delinquency cases petitioned increased for males from 48% to 61% and for females from 35% to 50%.

• Regardless of offense, for each year between 1985 and 2002, juvenile courts were more likely to petition cases involving males than females.

Between 1985 and 2002, the likelihood of formal handling increased more for younger than older youth and for females than males

Percentage of delinquency cases petitioned by age group:

Percentage of delinquency cases petitioned by gender:

Percentage of delinquency cases petitioned by race:

Race

• The proportion of delinquency cases petitioned increased for all three racial groups between 1985 and 2002: from 42% to 55% for cases involving white youth, from 56% to 65% for cases involving black youth, and from 44% to 58% for youth of other races.

• Across all offense categories between 1985 and 2002, delinquency cases involving black juveniles were more likely to be petitioned than were cases involving white youth or youth of other races.

• In 2002, racial differences in the likelihood of petitioning were greatest for drug offense cases: 78% of drug cases involving black juveniles were petitioned, compared with 56% for both white juveniles and juveniles of other races.

• The likelihood that a delinquency case would be handled formally varied far less among offense categories for white youth than for black youth.

• For black juveniles, drug offense cases were more likely to be handled formally than any other offense category between 1986 and 2002.

• For all three racial groups, the proportion of pubic order cases petitioned for adjudication increased between 1993 and 2002: from 50% to 57% for cases involving white youth, from 60% to 63% for cases involving black youth, and from 46% to 63% for youth of other races.

• Between 1996 and 2002, property offense cases were least likely to be handled formally among all racial groups.

Waiver

• The number of delinquency cases judicially waived to criminal court in 1994, the peak year, was 83% greater than the number waived in 1985. This increase was followed by a 46% decline between 1994 and 2002. As a result, the number of cases waived in 2002 was 1% below the number waived in 1985.

• The number of judicially waived person offense cases increased 130% between 1985 and 1994 and then declined 47% through 2002. The number of person offense cases judicially waived in 2002 was 23% more than the number waived in 1985.

• The number of drug offense cases judicially waived increased 435% between 1985 and 1991 (the peak for drug offenses), then decreased 45% between 1991 and 2002. As a result, the number of cases waived in 2002 was 194% greater than the number waived in 1985.

• The number of judicially waived property offense cases increased 29% between 1985 and 1994 and then declined 48% between 1994 and 2002. The number of property offense cases judicially waived in 2002 was 33% less than the number waived in 1985.

• For public order offenses, the number of waived cases increased 79% between 1985 and 1994 and then declined 45% between 1994 and 2002. As a result, the number of judicially waived public order cases was 2% less than the number waived in 1985.

• The decline in the number of judicial waivers after 1994 may be attributable to the large increase in the number of states that passed legislation excluding certain serious offenses from juvenile court jurisdiction and legislation permitting the prosecutor to file certain cases directly in criminal court.

There were slightly fewer cases judicially waived to criminal court in 2002 than in 1985

In 1985, more property offense cases were judicially waived than cases in any other offense category; by 2002, the largest proportion (by a small amount) was person offense cases

Between 1989 and 1991, cases involving drug offenses were most likely to be judicially waived; for all other years between 1985 and 2002, person offense cases were most likely to be waived

Between 1985 and 2002, the offense profile of the judicially waived caseload changed substantially—the share of property offense cases decreased and the share of person offense cases increased

• Between 1988 and 1991, the proportion of judicially waived drug offense cases increased sharply from 1.4% to 3.9%. After peaking in 1991, the proportion of waived drug offense cases decreased each year, with 0.8% of drug cases being waived in 2002.

• The proportion of judicially waived person offense cases decreased between 1985 and 1988 and then increased steadily through 1994, when 2.7% of such cases were waived. Since then, the proportion has decreased steadily; 1.3% of the petitioned person offense caseload were waived in 2002.

• The proportion of property offense cases that were judicially waived decreased fairly steadily between 1985 and 2002; public order offenses followed a similar pattern.

• The proportion of the waived caseload involving person offenses increased from 33% in 1985 to a peak of 44% in 1995. In 2002, person offense cases made up 41% of the judicially waived caseload.

• The proportion of all waived delinquency cases that involved a property offense as the most serious charge declined from 53% in 1985 to 36% in 2002.

• Drug offense cases represented 5% of the judicially waived cases in 1985; by 1991, they comprised 17% of the waived caseload. Drug offense cases made up 14% of the 2002 judicially waived caseload.

• On average, public order offense cases accounted for 8% of the waived caseload between 1985 and 2002.

Age

• In 2002, 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%, hovered around that level through 1994, and then declined.

• This pattern was most marked in waivers for older juveniles charged with drug offenses, which peaked at 6.2% in 1991 and then steadily declined to 1.4% in 2002.

• Regardless of offense, less than 1% of all petitioned delinquency cases involving juveniles age 15 or younger were waived to criminal court between 1985 and 2002.

Gender

• Regardless of offense, cases involving males were more likely to be judicially waived than cases involving females.

• Among males, the proportion of petitioned drug offense cases judicially waived increased substantially between 1985 and 1991 (from 1.2% to 4.1%) and then declined dramatically. In 2002, the proportion of male drug offense cases that were judicially waived was less than 1%.

• Judicially waived drug offense cases involving females followed the same pattern, increasing sharply between 1985 and 1991 (from 0.4% to 2.3%) and then declining sharply. In 2002, the proportion of female drug offense cases that were judicially waived was 0.5%.

• Compared with 1985, the 2002 waived caseload contained a slightly larger proportion of females (7% vs. 5%). This pattern was similar for all four general offense categories.

Cases involving juveniles age 16 or older were much more likely to be judicially waived to criminal court than those involving younger juveniles

Percentage of petitioned delinquency cases judicially waived by age group:

Percentage of petitioned delinquency cases judicially waived by gender:

Percentage of petitioned delinquency cases judicially waived by race:

Race

• Among all racial groups, delinquency cases were less likely to be judicially waived in 2002 than in 1985.

• In 1985, the likelihood of judicial waiver among cases involving white youth was 1.2%, and for cases involving black youth it was 1.8%.

• Between 1989 and 1993, delinquency cases involving black juveniles were nearly twice as likely as those involving white juveniles to be judicially waived.

• In 2002, the overall likelihood of a youth being judicially waived to criminal court for a delinquent offense was similar for whites (0.7%), blacks (0.8%), and other races (0.7%).

• In 2002, cases involving person offenses were most likely to be waived for youth of all races: 1.2% among white juveniles, 1.3% among black juveniles, and 1.5% among youth of other races.

• Among black juveniles, the use of waiver to criminal court for cases involving drug offenses peaked in 1991, when it was more than 3 times that of white youth (5.4% vs. 1.6%) and 6 times that of youth of other races (0.9%).

• For black youth in 2002, drug offense cases were nearly as likely as person offense cases to be judicially waived (1.2% and 1.3%, respectively).

• The number of judicially waived cases involving white juveniles increased 67% between 1985 and 1994, from 4,200 to 6,900, and then declined 36% to the 2002 level of 4,400.

• For black juveniles, the number of judicially waived cases nearly doubled between 1985 and 1994, from 2,900 to 5,700, then declined 57% through 2002 to 2,500.

• The number of judicially waived person offense cases involving white youth increased 130% between 1985 and 1996, from 1,100 to 2,500, then declined 36% to 1,600 cases in 2002.

• Similarly, among black juveniles, the number of person offense cases waived increased 123% between 1985 and 1994, from 1,300 to 2,800, then decreased 57% to 1,200 cases in 2002.

Offense profile of waived cases:

• In 2002, person offense cases accounted for nearly half (49%) of the waived cases involving black juveniles.

• For white youth, property offense cases accounted for the largest share of the waived caseload each year from 1985 to 2002.

Between 1985 and 2002, the number of cases judicially waived to criminal court increased 6% for cases involving white youth and decreased 16% for cases involving black youth

Between 1996 and 2002, the proportion of formally processed delinquency cases steadily increased; as did the proportion that resulted in a delinquency adjudication or waiver

In 2002, youth were adjudicated delinquent in two-thirds of all petitioned delinquency cases

Adjudication

• In 1985, 30% of all delinquency cases resulted in either adjudication of delinquency or waiver to criminal court. By 2002, this proportion had increased to 39%.

• Between 1995 and 2002, the number of delinquency cases that resulted in a delinquency adjudication or were judicially waived to criminal court increased 16%, while the number of formally handled cases that were not adjudicated delinquent decreased 24%.

• The likelihood of being adjudicated delinquent was greater for more serious offenses within the same general offense category.

• Within the 2002 person offense category, 67% of petitioned aggravated assault cases were adjudicated delinquent, compared with 61% of simple assault cases.

• In the property offense category in 2002, 75% of petitioned burglary cases were adjudicated delinquent, compared with 71% of motor vehicle theft cases and 67% of larceny-theft cases.

• Among public order offenses in 2002, 69% of the weapons violations cases were adjudicated delinquent, compared with 62% of disorderly conduct cases and 61% of liquor law violation cases.

• Beginning in 1997 and continuing through 2002, the annual number of delinquency cases in which the youth was adjudicated delinquent remained rather constant. In 2002, 624,500 cases were adjudicated delinquent, compared with 337,900 cases in 1985.

• Among person offense cases, the number of adjudicated cases increased 162% between 1985 and 2002 (55,600 vs. 145,800).

• The number of adjudicated cases involving property offenses increased 16% between 1985 and 2002 (201,000 vs. 233,600).

• Between 1985 and 2002, drug offense cases had the greatest percent increase in the number of cases adjudicated delinquent. In 1985, approximately 22,100 cases involving drug offense violations were adjudicated delinquent. By 2002, the number of adjudicated drug offense cases had increased 257% to 79,100 cases.

• Between 1985 and 2002, the number of public order offense cases adjudicated delinquent increased 180%, from 59,200 cases to 166,000 cases.

Offense profile of cases adjudicated delinquent:

• Compared with 1985, the 2002 adjudicated delinquent caseload included greater proportions of person, public order, and drug offense cases and a substantially smaller proportion of property offense cases.

Between 1985 and 2002, the number of cases in which the youth was adjudicated delinquent increased 85% (from 337,900 to 624,500)

Between 1998 and 2002, the number of cases adjudicated delinquent increased for cases involving person, drug, and public order offenses but decreased for cases involving property offenses

Between 1995 and 2002, the likelihood of petitioned cases resulting in a delinquency adjudication steadily increased from 57% to 67%

• The likelihood of delinquency adjudication decreased from 65% to 57% between 1985 and 1996 and then increased to 67% in 2002.

• In 2002, the likelihood of a delinquency adjudication for cases involving property, drug, and public order offenses was about the same as in 1985. However, for cases involving a person offense, the likelihood of a delinquency adjudication was somewhat greater in 2002 than in 1985 (62% vs. 57%).

• Among the four general offense categories, person offense cases were least likely to result in delinquency adjudication for all years between 1985 and 2002.

• The likelihood of adjudication among cases involving a property offense decreased from 66% to 58% between 1985 and 1995 then steadily increased to 68% in 2002.

• The likelihood of adjudication among drug offense cases decreased from 69% to 57% between 1985 and 1991 and then steadily increased to 68% in 2002.

• Among public order cases, the likelihood of adjudication decreased steadily from 68% to 58% between 1985 and 1996 and then increased to 69% in 2002.

Age

• In each year from 1985 through 2002, juveniles age 15 or younger were more likely than older juveniles to be adjudicated delinquent, regardless of offense.

• Regardless of age, person offense cases were less likely than other offense categories to be adjudicated delinquent for each year between 1985 and 2002.

• Between 1985 and 1995, the likelihood of adjudication for drug offense cases involving juveniles 15 or younger decreased steadily from 71% to 59%. After that time, the proportion increased. In 2002, 69% of drug offense cases involving juveniles under age 16 resulted in a delinquency adjudication.

• For drug offense cases involving juveniles age 16 and older, the likelihood of adjudication decreased from 68% to 56% between 1985 and 1996. In a trend similar to their younger counterparts, the proportion of drug offense cases involving older juveniles that resulted in adjudication increased to 66% in 2002.

Gender

• Between 1985 and 2002, male cases generally were more likely to be adjudicated delinquent than were female cases.

• In each year from 1999 through 2002, however, petitioned drug offense cases involving females were as likely or more likely to result in a delinquency adjudication compared with cases involving males.

• Between 1985 and 2002, for both male and female juveniles, the likelihood of a delinquency adjudication increased more for person offense cases than for other offenses; however, the increase was greater for females (from 51% to 60%) than for males (58% to 63%).

Between 1997 and 2002, drug offense cases involving younger juveniles were more likely to be adjudicated delinquent than those involving older juveniles

Percentage of petitioned cases adjudicated delinquent by age group:

Percentage of petitioned cases adjudicated delinquent by gender:

Percentage of petitioned cases adjudicated delinquent by race: