State Trends from 2005 – 2010: Removing Youth from the Adult Criminal Justice System

Approximately 250,000 youths are tried as adults in the U.S. each year, but 15 states have reformed their approach to juvenile justice and nine more are implementing progressive changes, according to a study by the Campaign for Youth Justice.

State lawmakers tightened laws prosecuting youths in the 1980s and 1990s as a response to an uptick in youth crime. The age at which a child could be prosecuted as an adult was lowered and courts implemented mandatory sentencing policies for certain crimes. However, several studies showed that state laws prosecuting youths in adult courts did not deter crime and did not prevent recidivism, according to the report.

Over the past 5 years, 27 pieces of legislation have enacted changes to juvenile courts. The positive changes point toward a culture of active reform. The report highlights these current reform efforts. Four states have passed laws limiting the practice of incarcerating youths in adult jails. Three states have expanded juvenile court jurisdiction to prevent older youths from automatically being tried as adults. Ten states have changed their transfer laws to make it more likely that youth will stay in the juvenile justice system and four states have changed the mandatory minimum sentencing laws to take into account the developmental difference between youth and adults.

The report was released in March 2011. The Campaign for Youth Justice advocates for ending the practice of incarcerating youth under the age of 18 in the adult criminal justice system.

Read the report (pdf).