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Juveniles Facing Criminal Sanctions: Three States That Changed the Rules
Juveniles Facing Criminal Sanctions: Three States That Changed the Rules
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Despite a steady downturn in juvenile violent crime over the past several years, the 1990’s witnessed a growing number of juveniles being waived or transferred to criminal court.
This Report examines the use made of adult criminal sanctions by three States: Minnesota, New Mexico, and Wisconsin. While each of these States has turned to the criminal justice system to buttress its juvenile justice
system, each has done so in a different way with distinctive implications.
Minnesota’s use of a new “extended juvenile jurisdiction” category of juvenile offender provides juvenile court judges with an alternative sentencing option that reinforces strong juvenile sanctions with the potential of even more serious adult correctional sanctions.
New Mexico’s blended sentencing reform allows juvenile court judges to impose adult correctional sanctions (which result in criminal convictions) on a broad new category of “youthful offenders,” while transferring a narrower category of “serious youthful offenders” to the jurisdiction of adult criminal courts.
Wisconsin’s reform was to transfer all 17-year-old juveniles from the original jurisdiction of the juvenile court to the jurisdiction of the criminal court. The Report provides case studies of each State’s approach to reform. The particular reform is detailed, its significance is noted, and its goals are elucidated. The impact of the reform on the juvenile justice and criminal justice systems is also described.
Every State’s juvenile justice system is influenced in some way by its adult criminal justice system. The examples provided by this Report and by analogous studies will serve to educate policymakers seeking to clarify the roles of, and the relationships between, the two systems in their State.
This Report examines the use made of adult criminal sanctions by three States: Minnesota, New Mexico, and Wisconsin. While each of these States has turned to the criminal justice system to buttress its juvenile justice
system, each has done so in a different way with distinctive implications.
Minnesota’s use of a new “extended juvenile jurisdiction” category of juvenile offender provides juvenile court judges with an alternative sentencing option that reinforces strong juvenile sanctions with the potential of even more serious adult correctional sanctions.
New Mexico’s blended sentencing reform allows juvenile court judges to impose adult correctional sanctions (which result in criminal convictions) on a broad new category of “youthful offenders,” while transferring a narrower category of “serious youthful offenders” to the jurisdiction of adult criminal courts.
Wisconsin’s reform was to transfer all 17-year-old juveniles from the original jurisdiction of the juvenile court to the jurisdiction of the criminal court. The Report provides case studies of each State’s approach to reform. The particular reform is detailed, its significance is noted, and its goals are elucidated. The impact of the reform on the juvenile justice and criminal justice systems is also described.
Every State’s juvenile justice system is influenced in some way by its adult criminal justice system. The examples provided by this Report and by analogous studies will serve to educate policymakers seeking to clarify the roles of, and the relationships between, the two systems in their State.
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