Juvenile Transfer and Deterrence Reexamining The E
Juvenile Transfer and Deterrence Reexamining The E
Juvenile Transfer and Deterrence Reexamining The E
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Article
Crime & Delinquency
57(2) 247–270
Juvenile Transfer © 2011 SAGE Publications
DOI: 10.1177/0011128708319111
and Deterrence: http://cad.sagepub.com
Reexamining the
Effectiveness of a
“Get-Tough” Policy
Abstract
Although research has examined the effectiveness of juvenile transfer on
recidivism, there has been a lack of research done in assessing how well
juvenile waiver to adult court meets the criteria necessary for deterrence to
occur (i.e., certainty, severity, and swiftness of punishment). The purpose of
this study is to assess how well juvenile transfer meets these criteria, using
data on 345 youths legislatively waived to adult court in Pennsylvania. The
findings indicate that there is greater punishment severity in adult court, but
there is no difference in punishment certainty between the two court systems.
In addition, court processing occurred more quickly in juvenile court. In other
words, only one element of deterrence theory is achieved with juvenile transfer.
Implications for subsequent research and policy are discussed.
Keywords
decertification, juvenile transfer, legislative waiver, offense exclusion, Act 33
From the late 1980s through the mid-1990s, American youth violence became
a major public concern (Zimring, 1998). Aggregate juvenile violent crime
arrest rates increased by more than 60% from 1988 to 1994 (Snyder, 1998),
and the total number of juvenile arrests for murder rose by more than 100%
during this same time period (Cook & Laub, 1998; Zimring, 1998). In addition
1
University of North Florida
2
Indiana University of Pennsylvania
Corresponding Author:
Kareem L. Jordan, University of North Florida, Atlanta, GA 30302
Email: [email protected]
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248 Crime & Delinquency 57(2)
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Jordan and Myers 249
Punishment Severity
The second element of deterrence theory is punishment severity. Beccaria
(1764/1963) stated that for deterrence to take place, punishment should be
severe enough to outweigh the benefits derived from the illegal act. Beccaria
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250 Crime & Delinquency 57(2)
did stress, however, that punishment should not be overly severe. In other
words, the punishment should be proportionate to the crime. When examin-
ing deterrence theory, research generally assesses the harshness of the sentences
imposed on offenders. Punishment severity can be assessed in juvenile trans-
fer research by examining the likelihood of incarceration as well as incarceration
length among transferred youths. If juvenile transfer is to be effective in
deterring youths, it would be expected that there would be increased punish-
ment severity among transferred offenders.
Early descriptive research found that between 64% and 67% of the trans-
ferred and convicted offenders were incarcerated (Bishop et al., 1989; Bishop
& Frazier, 1991; Houghtalin & Mays, 1981; Thomas & Bilchik, 1985). Again,
because comparison groups were not used, sound conclusions cannot be
made. Other research that used comparison groups suggests that transferred
youths experience a greater likelihood of incarceration than nontransferred
youths (Eigen, 1981a, 1981b; Fagan, 1995; Podkopacz & Feld, 1995; Rudman
et al., 1986) and were sentenced to longer incarceration time than nontrans-
ferred offenders (Eigen, 1981a, 1981b; Rudman et al., 1986). However,
explanatory factors were not controlled for in those analyses, meaning the
results could have been caused by other unmeasured factors (e.g., offense
seriousness). Fagan’s (1995) research found very little difference in incar-
ceration time between transferred and nontransferred offenders, and Fritsch,
Caeti, and Hemmens (1996) found longer confinement time among youths in
adult court but also indicated the need to examine actual time served (instead
of the official sentence imposed by the court), as transferred youths served
only a small portion of their sentences. More recent multivariate research does
indicate that serious and violent transferred offenders are more likely to be
incarcerated (see, e.g., Kupchik, 2006; Myers, 2001) and more likely to be
sentenced to significantly longer incarceration times than similar retained
offenders (Lemmon, Austin, Verrecchia, & Fetzer, 2005; Myers, 2001, 2003a).
This suggests that transfer is effective in generating longer sentences (i.e., puni
shment severity) for these offenders, as compared to those in juvenile court.
Punishment Swiftness
The final element of deterrence theory is swiftness of punishment. According
to Beccaria (1764/1963), if punishment quickly follows the illegal act, offend-
ers will be able to associate the punishment with that act. An increased separation
between the punishment and the act will result in a disassociation of the two,
and a decreased likelihood of deterrence among offenders. A common mea-
sure of punishment swiftness is the length of time it takes to process offenders’
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Jordan and Myers 251
cases (i.e., time between arrest and final disposition). This does assume,
however, that arrests occur soon after the alleged illegal act took place. The
date of final disposition will be when the final “punishment” is imposed.
Youths who are transferred to adult court, therefore, should experience shorter
case-processing time (i.e., punishment swiftness) than similar youths in
juvenile court.
The research, however, is consistent in showing that that transferred offend-
ers experience significantly longer case-processing time than those who are
retained in juvenile court (Fagan, 1995; Myers, 2001, 2003a; Rudman et al.,
1986). Though the U.S. Constitution and state constitutions provide defen-
dants in adult criminal court the right to speedy trials, this time frame is typi-
cally shorter than state processing time requirements regarding offenders
tried in juvenile court. Also, because of court docket backlogs, along with the
exercise of due process rights (e.g., bail and right to a jury trial), many cases
in the adult system require lengthy processing times.
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252 Crime & Delinquency 57(2)
of court still is not the only difference between the two groups, meaning the
results of those studies need to be interpreted with caution.
The current study advances this research area, as many studies, to date,
do not statistically account for selection bias. A limited number of studies
do, though, control for selection bias through various methods (see, e.g.,
Kupchik, 2006). We, therefore, use the Heckman two-step approach, a statis-
tical technique that allows us to control for this validity threat (Bushway,
Johnson, & Slocum, 2007; Heckman, 1976). This study examines the certainty,
severity, and swiftness of punishment for youths processed in adult court (as
compared to youths processed in juvenile court), after controlling for selection
bias. Through the use of this technique, the results will be more meaningful,
allowing firmer conclusions to be drawn and a more concrete understanding
of the effectiveness of juvenile waiver in achieving this particular goal.
Methodology
The data include all youths who had preliminary hearings in three Pennsyl-
vania counties (i.e., Philadelphia, Allegheny, and Dauphin) between March
1996 (the implementation date of Pennsylvania’s legislative waiver law, Act 33;
Pennsylvania Juvenile Court Judges’ Commission, 1996) and December 1996
and who were determined to meet the Act 33 criteria for juvenile court exclu-
sion.2 First, except in the case of murder, the juvenile must be at least age 15
at the time of the offense and not older than 17. Second, the offender must be
charged with a violent crime (i.e., rape, involuntary deviant sexual inter-
course, aggravated assault or aggravated indecent assault, robbery, robbery
of a motor vehicle, voluntary manslaughter, kidnapping, or an attempt, con-
spiracy, or solicitation to commit any of these crimes). Third, the youth either
must have used a deadly weapon in the offense or must have been previously
adjudicated for an excluded offense (except if the current offense is aggra-
vated assault, which is not included in the repeat offender clause).
There is, however, a provision in place for offenders who initially are
waived under Act 33 to be decertified to juvenile court. Juveniles can request
a hearing to have their respective cases considered for decertification. The
burden is on the juvenile to establish, by a preponderance of the evidence,
that decertification will serve the “public interest” (Pennsylvania Juvenile
Court Judges’ Commission, 1996). In considering decertification, criminal
court judges are required to use the same criteria that juvenile court judges
use in making a judicial waiver decision (e.g., child’s culpability, age, matu-
rity, prior record, and amenability to treatment). If the case is decertified, it is
then processed in juvenile court. If the case is not decertified, it remains in
adult court. Numerous visits were made to each research site to examine these
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Jordan and Myers 253
youths’ case files (e.g., probation, public defender, and district attorney files),
after which the final sample was 345, of which 144 were decertified to juvenile
court and 201 were not decertified (i.e., those retained in adult court).3
Because random assignment to groups is not possible with this type of
research, the two groups of offenders are likely to differ in regard to factors
other than type of court. As discussed earlier, criminal court judges can decer-
tify youths where it serves the “public interest,” meaning that additional fac-
tors do likely distinguish the two groups of offenders. Therefore, we employ
the Heckman two-step approach to statistically control for the differences
between the groups (see, e.g., Bushway et al., 2007; Heckman, 1976). In
employing the first step of the Heckman approach, we first modeled the
probability of being included in the decertified group. The estimates were
then used to calculate a lambda term (i.e., inverse Mill’s ratio). The lambda
term represents the unmeasured factors that has an effect on the decertification
decision.4 The second step in this approach involves using the lambda term,
as a variable, in subsequent multivariate analyses when comparing decerti-
fied and nondecertified youths. The Heckman two-step approach allows for
unbiased estimates in the analyses, because the selection bias factor is statis-
tically controlled for with the lambda term.
Measures
Tables 1 and 2 present descriptive statistics of all the variables employed in
the current study for the entire group of violent youths.
Dependent Variables
There are five dependent variables examined in this study, which are meant
to measure the elements of deterrence theory. Conviction and target convic-
tion both pertain to punishment certainty. With regard to the current research,
conviction refers to whether any charges were substantiated in either juvenile
or adult court. Target conviction is whether a youth was convicted on the
statutory excluded offense that triggered the initial waiver to criminal court.
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254 Crime & Delinquency 57(2)
Variable % n
Decertification
Decertified 42 144
Nondecertified 58 201
Gender
Male 88 304
Female 12 41
Race
Non-White 87 301
White 13 44
Offense
Aggravated assault 41 142
Robbery 53 182
Other offense 6 21
Role
Primary role 71 244
Nonprimary role 4 15
Unknown role 25 86
Weapon
Firearm 55 189
Nonfirearm 27 95
Unknown weapon 18 61
Attorney
Public defender 46 158
Nonpublic defender 54 187
County
Allegheny 16 55
Dauphin 6 21
Philadelphia 78 269
Conviction 68 234
Target conviction (of convicted youth) 83 194
Incarceration (of convicted youth) 77 181
Type of sentence
Probation 47 162
Short sentence 29 100
Long sentence 24 83
The next two dependent variables are indications of punishment severity and
apply to youths who had charges substantiated against them in either juvenile
or adult court. Incarceration refers to whether convicted offenders (n = 235)
were sentenced to secure confinement. This is a dichotomous variable.
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Jordan and Myers 255
Independent Variables
The key independent variable in the current study was decertification. This vari-
able does not represent a true “treatment,” for it was not possible to randomly
assign youths to treatment and control groups for this research. As discussed
earlier, to be decertified to juvenile court, the adult criminal court judge must
find by a preponderance of the evidence that it serves the public interest for this
youth to be processed in juvenile court, taking into consideration the child’s
culpability, age, maturity, prior record, amenability to treatment, and so on.
Several control variables were also used in the subsequent analyses. Because
this research was a quasi-experimental design, a strong attempt was made to
statistically consider factors that have been shown to have an effect on the
transfer decision, court outcomes, or both: age at referral (see, e.g., Fagan &
Deschenes, 1990; Kinder, Veneziano, Fichter, & Azuma, 1995; Myers, 2003b;
Podkopacz & Feld, 1996), gender (see, e.g., Leonard & Sontheimer, 1995;
Wordes, Bynum, & Corley, 1994), race (see, e.g., Fagan & Deschenes, 1990;
Feld, 1995; Leonard & Sontheimer, 1995; Minor, Hartmann, & Terry, 1997),8
the number of prior referrals to juvenile court (see, e.g., Barnes & Franz,
1989; Fagan & Deschenes, 1990; Fagan, Forst, & Vivona, 1987; Myers,
2003b), and the number of times youths previously were referred to the juve-
nile court for a violent offense (Myers, 2001).
It was not possible to examine a direct measure of offense severity using
only the offense for which the youths were charged. In Pennsylvania during
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256 Crime & Delinquency 57(2)
1996, most Act 33 youths (94%) were charged with either aggravated assault
or robbery. Therefore, offense was measured as three dichotomous variables:
aggravated assault, robbery, and other offenses.
The type of weapon used during the commission of the crime also has
been shown to affect the decision to transfer a youth to adult court and other
court outcomes (see, e.g., Myers, 2003a; Sridharan, Greenfield, & Blakley,
2004). The use of a firearm also can be used as an indicator of offense sever-
ity, as compared to other weapons used in a crime. It was not possible to
determine the type of weapon used for approximately 18% of the offenders
(n = 61). Therefore, the unknown category was used as its own separate group,
resulting in three dichotomous weapons variables being developed: firearm,
nonfirearm, and unknown weapon.
A neglected area of research when examining court outcome data has
been the potential effect of the role a youth played in the offense. It is possi-
ble that judges in both juvenile and adult courts may hold offenders more
accountable if they played a central role in the offense, as compared to those
offenders who did not play as big a part (see Spohn, 2002, for a fuller discus-
sion). In the current research, this potential relationship was explored. Limi-
tations in the data resulted in 25% (n = 86) of the values for this variable to
be missing. Therefore, this variable was treated similarly to the firearm vari-
able, resulting in three dichotomous “role” variables: primary role, nonprimary
role, and role unknown.
Another variable that tends to be neglected in past juvenile transfer res
earch is the potential effect of attorney type. Although attorney type largely
has been ignored in juvenile transfer research, the effect of type of attorney
on juvenile court outcomes has nevertheless been examined in several stud-
ies (see, e.g., Burruss & Kempf-Leonard, 2002; Langley, 1972). For the cur-
rent study, attorney type was measured as whether the offender’s attorney was
a public defender.9
Finally, the county of the offender also was used as a control variable in
the analyses. Prior research has found that the type of county (i.e., rural, sub-
urban, or urban) has an impact on certain court outcomes (see, e.g., Lemmon
et al., 2005; Myers, 2001). Mears (2003) also indicated that there may be
county differences in outcomes related to juvenile waiver.
Results
Statistical Analyses
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Jordan and Myers 257
was the appropriate method of estimation (Menard, 2002). Sentence type was
measured as three ordinal level outcomes: probation, short sentence, and
long sentence. Therefore, ordinal regression (polytomous universal model)
was chosen as the appropriate statistical technique to use (Menard, 2002).
The final dependent variable, the natural log of case-processing time, was
measured continuously, so ordinary least squares multiple regression was used
(Lewis-Beck, 1980).
Multivariate Results
The multivariate analyses are presented in Tables 3 through 7. Because some
variables had extremely high standard errors in some statistical models, they
were excluded from some of the analysis. The high standard errors were
because of some categories having zero cells. According to Menard (2002),
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258 Crime & Delinquency 57(2)
For this reason, several variables were excluded from some of the subsequent
multivariate analyses, meaning the findings should be interpreted with extreme
caution.
Punishment certainty. In examining punishment certainty in Table 3, the
findings for this statistical model indicate that there is no significant differ-
ence in likelihood of conviction between youths processed in juvenile and
adult court. Put differently, the likelihood of punishment in one court was
similar to that of the other court. One variable, however, was significant in
the model. Non-Whites were significantly less likely to be convicted than
Whites (b = –1.33, p < .05). The race finding was interesting, given that
some literature suggests that minorities (either generally or specific non-
White races) have less favorable outcomes in juvenile court than Whites (see,
e.g., Frazier & Bishop, 1995; Leiber, Johnson, Fox, & Lacks, 2007).
To examine the potential effect of decertification on target conviction,
only convicted offenders were included in this model. Table 4 provides the
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Jordan and Myers 259
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260 Crime & Delinquency 57(2)
Table 6 shows the ordinal logistic regression model, which examines the
effect of decertification on sentence type, and it includes all of those offend-
ers who were convicted (n = 235). The coefficient for decertification was
positive and significant (b = –1.921, p < .01), indicating that decertified
offenders were sentenced to less confinement time than nondecertified offend-
ers. In addition, race was statistically significant in the model: Non-Whites
were more likely to get increased confinement time, as compared to Whites.
Punishment swiftness. The final model, which is presented in Table 7, exam-
ines the effect of decertification on the natural log of case-processing time.
The results indicate that decertified youths experience significantly shorter
case-processing time than nondecertified youths (b = –0.37, p < .01). In other
words, case processing in juvenile court is shorter than its adult counterpart.
The model also revealed other significant factors in explaining the natural
log of case-processing time. Males experienced significantly longer case-
processing time than females (b = .55, p < .01). Youths processed in Dauphin
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Jordan and Myers 261
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262 Crime & Delinquency 57(2)
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Jordan and Myers 263
1981b; Fagan, 1995; Kupchik, 2006; Myers, 2001, 2003a; Podkopacz & Feld,
1996; Rudman et al., 1986).
On the other hand, when examining sentence type, a different result emerged,
as adult court offenders were sentenced to longer confinement time than sim-
ilar juvenile court offenders. This finding is consistent with most research
using comparison groups and assessing the incarceration length of transferred
and nontransferred offenders (Eigen, 1981a, 1981b; Fritsch et al., 1996;
Myers, 2001, 2003a; Podkopacz & Feld, 1996; Rudman et al., 1986). How-
ever, exceptions do exist (Fagan, 1995). In general, it appears that in terms of
length of confinement among incarcerated offenders, Act 33 is achieving its
goal of greater punishment severity. The main explanation for this finding is
that in adult court, lengthier sentences are enabled and sometimes mandated,
especially if a gun was involved. In Pennsylvania, presumptive sentencing is
used in adult criminal court, where offenders must serve their minimum
confinement before being considered for parole. However, in juvenile court,
indeterminate sentencing is used, and Pennsylvania juvenile courts have
jurisdiction over offenders only until age 21.
Some may appreciate more than others that youths who are processed and
incarcerated by adult courts are given harsh sentences. Act 33 and the result-
ing confinement time produce lengthier incapacitation, whereby youths can-
not recidivate during the time they are in secure custody. Therefore, from a
public-safety point of view, many would perceive society to be safer because
some of these youths are incarcerated for several years or more.
Finally, in examining case-processing time (or punishment swiftness), it
was found that it takes significantly longer for youths processed in adult court
to have their cases processed than similar youths processed in juvenile court.
This finding is consistent with prior research (Fagan, 1995; Myers, 2001,
2003a; Rudman et al., 1986). As mentioned earlier, this finding likely is
because of the slow nature of the criminal justice system because of increased
due process rights (e.g., bail, jury, etc.) and court backlogs. However, in the
juvenile court system, state law requires youths to be processed within a pre-
scribed period of time, which necessarily shortens the amount of time until a
case is disposed in the system. Although the U.S. and state constitutions allow
for defendants in adult court to have a speedy trial, they sometimes waive
that right to have more time to prepare for trial. However, we were not able
to include a measure on whether youths processed in adult court waived this
right and to determine its impact on case-processing time.
The results of the current study do not lend support for one of the objec-
tives of juvenile transfer, creating a greater deterrent to youthful offenders, at
least in terms of the three criteria specified in deterrence theory. There is no
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264 Crime & Delinquency 57(2)
Funding
The author(s) received no financial support for the research and/or authorship of this
article.
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Jordan and Myers 265
Notes
1. Although youth violence did increase during this time period, it did not have the
projected increase that many believed. See Zimring (1998) for a fuller discussion.
2. All cases used for this research were Act 33 cases. This was verified at each res
earch site through examination of case files, court records, probation files, and so
on. The court of original jurisdiction in these cases was the adult system. None of
the cases was waived to adult court by a Pennsylvania juvenile court judge. After
youths have been formally charged with an Act 33 offense (along with the other
criteria mentioned earlier), they are automatically in the adult system. The juvenile
court does not have the legal authority to transfer Act 33 “juveniles,” because the
youths completely bypass the juvenile justice system and go to adult court.
3. This total sample was reduced from the original sample of 447. First, several
youths in the original data set did not meet Act 33 criteria. For instance, some
youths in the original data set were charged with murder. Although this charge is
an “excludable” offense, it is not an Act 33 offense, as youths charged with murder
were automatically waived to adult court prior to Act 33. Second, some youths
were in the data set multiple times because of committing more than one Act 33
offense during 1996. Third, some youths were either younger than 15 or older than
17, meaning they were not Act 33 offenders. Finally, some cases were dismissed
at the preliminary hearing, meaning they had no court outcomes that were relevant
to this particular research.
4. Multiple lambda terms were computed for the analyses depending on whether we
examined the entire sample of youthful offenders or a subsample, such as when we
included only convicted offenders for particular models. The appropriate lambda
term (i.e., selection bias correction) was entered as an independent variable in each
of the multivariate models.
5. The original coding for incarceration time was the amount of time imposed by the
court (i.e., for nondecertified youths) or the amount of time served (i.e., for decer-
tified youths), all of which was measured in months. However, the original coding
would pertain only to youths who were sentenced to some form of incarceration
(n = 181). This would have drastically reduced the sample, which then would have
severely limited the independent variables available to be entered in the statistical
model. Therefore, sentence type was used, allowing all convicted offenders to
be included in the analysis (n = 235). Based on Pennsylvania’s criminal justice
system, where 2 years or less in secure confinement is considered county jail time
and anything more than 2 years is considered state prison time, the measure of sen-
tence length (for both decertified and nondecertified offenders) reflected this. If
offenders in either court received 2 years or less, it was coded as a short sentence;
if offenders received more than 2 years, it was coded as a long sentence. The rest
of the youths were placed on probation.
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266 Crime & Delinquency 57(2)
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Bios
Kareem L. Jordan is an assistant professor at University of North Florida. He
received his PhD from Indiana University of Pennsylvania in 2005. His recent publi-
cations have appeared in Criminal Justice Studies, American Journal of Criminal
Justice, and Youth Violence and Juvenile Justice. His research and teaching interests
include juvenile delinquency, criminological theory, race and crime, and quantitative
methods and statistics.
David L. Myers is a professor of criminology and Interim Vice Provost for Research
and Dean of Graduate Studies at Indiana University of Pennsylvania. His recent pub-
lications have appeared in Criminal Justice and Behavior, Criminal Justice Review,
and Crime Prevention and Community Safety. He is the editor of Criminal Justice
Policy Review and author of Boys Among Men: Trying and Sentencing Juveniles as
Adults (Praeger, 2005).
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Erratum
Crime & Delinquency
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DOI: 10.1177/0011128711407760
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