Jennifer Peck
Associate Professor, University Of Central Florida
Key Findings
- The demographic of juveniles most likely to be judicially waived from the juvenile court are Black males, followed by White males then Black females.
- The odds of a Black juvenile being waived from the juvenile court were 72% higher than for their White peers.
- White female juveniles had the greatest likelihood of remaining in juvenile court.
- Juveniles with a greater number of charges, those who were referred to juvenile court by law enforcement, were older, or were not enrolled in school were twice as likely to be transferred compared to their counterparts.
Description
In the article, “Understanding the Subgroup Complexities of Transfer: The Impact of Juvenile Race and Gender on Waiver Decisions,” Peck and her co-author examine the effects of race and gender on waiver decisions in juvenile justice courts. To conduct their study, the researchers used data from the National Juvenile Court Data Archive, part of the National Center of Juvenile Justice. The sample came from a northeastern state, over the years of 2004 to 2014 and included juveniles aged 14 and older, who were being charged with felony offenses that did not fall under statutory exclusion offenses, direct-file offenses, nor had been found guilty in criminal proceedings other than a status offense. The results indicated that the demographic of juveniles most likely to be judicially waived from the juvenile court were Black males, followed by White males then Black females. The odds of a Black juvenile being waived from the juvenile court were 72% higher than for their White peers. The findings also supported previous studies that indicate White female juveniles had the greatest likelihood of remaining in juvenile court. Female juveniles had a 75% lower chance of being transferred than their male counterparts. Juveniles with a greater number of charges, those who were referred to juvenile court by law enforcement, were older, or were not enrolled in school were twice as likely to be transferred compared to their counterparts. In conclusion, the authors note the importance of this research to reduce racial and gender disadvantages that may be evident in juvenile justice courts.