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

Abstract

While prior research has consistently found the presence of extralegal disparities in juvenile justice decision-making, less research has investigated the combined effects of a juvenile’s race and gender on the decision to transfer youth to adult court. The current study examines both the individual and joint influence of race and gender on transfer decisions of all judicial waiver-eligible youth in a Northeast state from 2004 to 2014. Results indicate that Black males had the highest likelihood of being judicially waived, followed by White males, then Black females. White females had the greatest chance of being retained in juvenile court. The findings have important implications for juvenile court processing by informing researchers, practitioners, and policyholders about potential reform efforts that target judicial waiver.

The impact of race on predictors of parents’ advice to children regarding Miranda waivers.

“…Due to police oversurveillance of communities of color, Black youth are more likely to have police contact which puts them at a disadvantage before they even reach the interrogation stage (Byfield, 2019). Once in the system, Black youth are more likely than White youth to be formally referred to juvenile court, held in pretrial detention, transferred to adult court, and receive harsher sentences (Bryson & Peck, 2020; Lehmann, 2018; Peck & Jennings, 2016; Rodriguez, 2010). That a Black parent may be more likely to advise their child to assert their rights may not be meaningfully protective for the youth overall because there are many additional opportunities for racial bias to infect their journey through the system.…”

“…Due to both judicial and prosecutorial discretion, Black adults are charged with more serious offenses, are more likely to be sentenced to incarceration and capital punishment and receive longer sentences than White adults (Baldus et al, 1998;Burch, 2015;Kamalu et al, 2010;Rehavi & Starr, 2014). Black youth are also more likely than White youth to be transferred to the adult system BAKER, HANEY-CARON, APRIL, AND HELLGREN 2 where they can face harsher sentences (Bryson & Peck, 2020). When kept in the juvenile system, Black youth are less likely to be offered the opportunity for diversion (i.e., referral to a treatment or rehabilitation program), which would allow them to avoid formal prosecution (Campbell et al, 2018;Gupta-Kagan, 2018).…”

Into and Through the School-to-Prison Pipeline: The Impact of Colorism on the Criminalization of Black Girls

“…Across jurisdictions, judicial determinations about juvenile transfer or certification to criminal court (i.e., whether the child will be tried as an adult) are generally based on similar factors, including subjective assessments about risk, “the sophistication and maturity of the offender” and “likelihood of reasonable rehabilitation” (Kent v. United States, 1966), putting darker-skinned youth at greater risk of transfer. Research has demonstrated that Black children have been disproportionately tried as adults (Bryson & Peck, 2020).…”

The State as the “Ultimate Parent”: The Implications of Family for Racial and Ethnic Disparities in the Juvenile Justice System

“…Prior work has highlighted the influential role of family in juvenile courts, though most of this research has focused on a single dimension of family life. The relationship between family and juvenile court outcomes is most commonly measured through family structure, which is often included as a control variable in studies on juvenile justice processing (Bryson & Peck, 2020; Leiber & Mack, 2002; Leiber & Johnson, 2008; Leiber et al, 2016; Morrow et al, 2015; Peck & Beaudry-Cyr, 2016). Research that directly examines family structure suggests that coming from a single parent home is associated with harsher treatment, particularly in front-end decisions (Bishop et al, 2010; DeJong & Jackson, 1998; Fenwick, 1982; Leiber & Fox, 2005; Leiber & Mack, 2003; Love & Morris, 2018).…”