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The Changing Borders of Juvenile Justice

Transfer of Adolescents to the Criminal Court

Since the 1960s, recurring cycles of political activism over youth crime have motivated efforts to remove adolescents from the juvenile court. Periodic surges of crime—youth violence in the 1970s, the spread of gangs in the 1980s, and more recently, epidemic gun violence and drug-related crime—have spurred laws and policies aimed at narrowing the reach of the juvenile court. Despite declining juvenile crime rates, every state in the country has increased the number of youths tried and punished as adults.

Research in this area has not kept pace with these legislative developments. There has never been a detailed, sociolegal analytic book devoted to this topic. In this important collection, researchers discuss policy, substantive procedural and empirical dimensions of waivers, and where the boundaries of the courts lie. Part 1 provides an overview of the origins and development of law and contemporary policy on the jurisdiction of adolescents. Part 2 examines the effects of jurisdictional shifts. Part 3 offers valuable insight into the developmental and psychological aspects of current and future reforms.

Contributors: Donna Bishop, Richard Bonnie, M. A. Bortner, Elizabeth Cauffman, Linda Frost Clausel, Robert O. Dawson, Jeffrey Fagan, Barry Feld, Charles Frazier, Thomas Grisso, Darnell Hawkins, James C. Howell, Akiva Liberman, Richard Redding, Simon Singer, Laurence Steinberg, David Tanenhaus, Marjorie Zatz, and Franklin E. Zimring

Table of Contents

Francis A. Allen
Editors’ Introduction
Jeffrey Fagan and Franklin E. Zimring
Part I: The Evolution of Intercourt Transfer
1. The Evolution of Transfer out of the Juvenile Court
David S. Tanenhaus
2. Judicial Waiver in Theory and Practice
Robert O. Dawson
3. Legislative Exclusion of Offenses from Juvenile Court Jurisdiction: A History and Critique
Barry C. Feld
4. Blended Sentencing in American Juvenile Courts
Richard E. Redding and James C. Howell
5. Juvenile Justice on Appeal
Lynda E. Frost Clausel and Richard J. Bonnie
6. The Punitive Necessity of Waiver
Franklin E. Zimring
Part II: The Impacts of Jurisdiction Shifts
7. Consequences of Waiver
Donna Bishop and Charles Frazier
8. Race and Transfer: Empirical Research and Social Context
M. A. Bortner, Marjorie S. Zatz, and Darnell F. Hawkins
9. Forensic Clinical Evaluations Related to Waiver of Jurisdiction
Thomas Grisso
10. The Reproduction of Juvenile Justice in Criminal Court: A Case Study of New York’s Juvenile Offender Law
Simon I. Singer, Jeffrey Fagan, and Akiva Liberman
Part III: Perspectives on Reform
11. A Developmental Perspective on Jurisdictional Boundary
Laurence Steinberg and Elizabeth Cauffman
12. Transfer Policy and Law Reform
Franklin E. Zimring and Jeffrey Fagan


Society for Research on Adolescence: Society for Research on Adolescence Social Policy Award

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