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This research was supported by funds from the McNair Scholars Program at the University of Central Missouri
Introduction
Since its inception in 1899, the juvenile justice system has been plagued by public reaction to juvenile delinquency and criticism over its tactics and philosophy. One of the latest practices to come under fire is the transfer of juvenile offenders to the adult criminal court. Recent Supreme Court decisions in Roper v. Simmons (2005), Graham v. Florida (2010) and Miller v. Alabama (2012) have highlighted the controversial nature of the practice and a movement toward less punitive policies for young offenders. Evidence has surfaced that juveniles are truly different from adults because of key brain function development, as well as evidence that transfer laws are not effective nor a deterrent (Arya & Augarton, 2008; Griffin, 2008). In addition, a substantial amount of literature documents that minorities are disproportionately affected by such laws (Poe-Yamagata & Jones, 2000).
These issues are far-reaching and certainly of great concern, but two specific issues regarding the juveniles themselves highlight the importance of this topic. First, juveniles transferred to the adult system are typically seen as the worst offenders. According to the Office of Juvenile Justice and Delinquency Prevention (OJJDP), in 2005, courts in the U.S. with juvenile jurisdiction handled 1.7 million delinquency cases (Adams & Addie, 2009). More than half (56%) of these cases were handled formally, meaning a petition was filed and either adjudication or a waiver hearing was requested (Adams & Addie, 2010). These proportions have remained fairly steady for the last few years (Adams & Addie, 2010). However, less than 1% of petitioned juvenile cases in the U.S. were judicially waived to be tried in the adult criminal court system. It would be easy to assume that this small percentage of youth waived to the adult system is made up of juveniles who are the "worst" violent or chronic offenders.
Second, it is not the transfer to the adult system in and of itself, but the possible sentencing to an adult correctional facility that poses the most risk. Once convicted and sentenced in adult court, often the only placement available is an adult jail or prison which can be extremely detrimental to youth. In 2005, 21% of...