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Capital Offense: Youth in DC's Adult Criminal Justice System and Strategies for Reform

NCJ Number
225160
Date Published
2007
Length
26 pages
Annotation
This report’s purpose is to help policymakers understand the impact of prosecuting youth as adults in the District of Columbia.
Abstract
The District of Columbia (DC) has a juvenile justice system in which children younger than 18 years old who are charged with committing a delinquent act are generally adjudicated by the Family Division of DC Superior Court; however, children age 15 and older face criminal prosecution through judicial waiver if they are repeat offenders or are charged with a felony. Children age 16 and older face criminal prosecution through prosecutorial waiver if charged with a serious crime. Youth in pretrial detention are held in the adult jail. If convicted and sentenced to incarceration, they are under the custody of the Federal Bureau of Prisons (BOP), which has a policy of contracting with States to place sentenced youth in juvenile facilities until they turn 18, at which time they are moved to an adult prison. Data indicate that many youth who are sentenced as adults prior to the age of 18 are held at the DC Jail until they turn 18. They are then placed directly in an adult prison. Three case studies present the experiences of youth tried as adults in DC. Eight recommendations for reform in DC’s system are offered. First, regularly collect and analyze data on youth tried and sentenced as adults. Second, end the pretrial placement of youth in DC Jail. Third, make all transfer cases based on judicial waiver. Fourth, allow for “reverse” waiver for youth in adult court. Fifth, encourage the BOP to contract with the Department of Youth Rehabilitation Services. Sixth, consider the Youth Rehabilitation Act. Seventh, provide adolescent development training for juvenile justice advocates and the courts. Eighth establish adequate aftercare policies. A list of 28 resources and 63 notes