Juvenile Waiver as a Mechanism of Social Stratification: A Focus on Human Capital*

Abstract

The historic transformations of the criminal justice system must be justified and interpreted through the effects on criminals (Maruna and Immarigeon, 2011). The push for harsher sentencing policies for juvenile offenders specifically through the use of juvenile waiver to criminal court is one such policy that is not well understood in terms of its effects on offenders, especially in terms of broader outcomes beyond recidivism. We use data from the Pathways to Desistance Study, which consists of a sample of adolescent offenders followed for 7 years postadjudication, to investigate the effect juvenile waiver has on human capital acquisition and yield among 557 adolescents from Maricopa County, Arizona. By using various matching specifications, our findings demonstrate that juveniles transferred to adult court experience no deleterious effects on human capital in terms of educational acquisition compared with similar youth retained in the juvenile system, yet they still earn considerably less income 7 years postadjudication. These results suggest that an important and unintended collateral consequence of juvenile waiver is an increase in social stratification potentially through labeling and labor market discrimination.

Neighborhood Disproportion in Juvenile Justice Contact

“…Reducing neighborhood disproportion in juvenile justice involvement is an important policy goal. Justice system involvement can negatively impact youth in education, employment, psychological development, and future lawbreaking (Augustyn & Loughran, 2017;Dmitrieva et al, 2012;Gatti et al, 2009;Kirk & Sampson, 2013;Petitclerc et al, 2013;Petrosino et al, 2010;Sharlein, 2018;Taylor, 2015). Neighborhood-level disproportion in justice system involvement among youth can further erode communities' economies, family ties, youth expectations, and, contrary to what some expect, public safety (Clear, 2007;Hirschfield, 2008a;Kirk & Matsuda, 2011;Kirk & Papachristos, 2011).…”

“…Depending on the state and the charge, collateral consequences of a criminal record include employment difficulties, ineligibility for student loans, voter disenfranchisement, and ineligibility for various public benefits, including housing and food assistance (Alexander, ; Pager, ). Links between criminal court adjudication and future employment difficulties for youth have also been empirically established (Augustyn & Loughran, ; Sharlein, ; Taylor, ). To the extent that neighborhood disproportion exists in juvenile justice involvement, the consequences of a criminal record, as well as sequelae in education, employment, future lawbreaking, exposure to abuse, and psychological development, are disproportionately experienced by youth in marginalized communities.…”

Sentence Length and Recidivism

“…In a world where evidence drives policy, it would be easy to suggest using the results presented here, along with others (e.g., Augustyn and Loughran, 2017;Lofstrom and Raphael, 2016;Loughran et al, 2009;Maschi, Viola, and Sun, 2013), to push for the modification of sentencing guidelines; mandatory minimum sentences; reductions in average sentence length; or at the very least, compassionate release. Indeed, many scholars and advocates have been doing so for years.…”

Understanding the Subgroup Complexities of Transfer: The Impact of Juvenile Race and Gender on Waiver Decisions

“…Although transfer decisions may appear to hold youth more accountable for their behavior and subsequently reduce future offending, empirical evidence suggests otherwise. Some research indicates that youth are subjected to harsher sentencing in the adult court compared to juvenile court in that waiving youth is likely to result in an increase rather than a decrease in recidivism (Augustyn & Loughran, 2017; Bishop et al, 1996; Fagan, 2008; Myers, 2003; Podkopacz & Feld, 1996). However, recent research indicates mixed findings regarding an increase in future offending for waived juveniles.…”