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Predispositional Status of Violent Youthful Offenders: Is There a "Custody Gap" in Adult Criminal Court?

NCJ Number
190202
Journal
Justice Research and Policy Volume: 3 Issue: 1 Dated: Spring 2001 Pages: 115-143
Author(s)
David L. Myers; Kraig Kiehl
Date Published
2001
Length
29 pages
Annotation
This study examined the immediate justice system response to violent youths in juvenile versus adult court.
Abstract
The study examined 557 violent young offenders from Pennsylvania, of whom 138 were judicially waived to adult court and 419 were retained in juvenile court. Statistical analyses revealed that the transferred youths were more likely to be released from secure custody prior to a final disposition of their charges. Of those offenders who were released, the transferred youths also were more likely to recidivate and exhibited more serious predispositional recidivism than did the retained juveniles. The study observed that these findings suggest the presence of an initial "custody gap" for violent youths waived to the adult criminal system. The study findings did not support claims of enhanced, short-term public safety resulting from the transfer of juveniles to the adult system. The study suggested the need for more research on this stage of the transfer process, first to establish whether an initial custody gap existed in other jurisdictions, and then to examine in more detail how young offenders were actually treated during the early stages of case processing. Specifically, further research is needed to identify the most effective ways of immediately responding to serious and violent youthful offending, particularly with regard to the role of juvenile detention centers, adult jails, and community-based services in the process. Notes, tables, references