Treating Juvenile Defenders as Adults

In recent years, there has been a dilemma in the criminal justice system as to whether to treat juvenile offenders as adults, and at what age to do this (Brown, 1998). The first juvenile court, a uniquely American institution, was established in 1899. The court adopted the doctrine of parens patriae, and sought long-term behavioral change rather than punishment. Sentences were customized to meet the needs of each juvenile.

In most instances, this format still exists, but is not deemed appropriate for those juveniles waived to criminal court (Brown, 1998, 52). The definitions of childhood and age-appropriate behavior are in a state of flux, and violence is rampant today among juveniles. Violent juvenile crime increased more than 70 percent between 1986 and 1998, and a "get tough" attitude throughout the criminal justice system is being applied to juveniles as well. Waivers are used more today than in the past, and juveniles are being subjected to conservative criminal court practices rather than rehabilitation in juvenile institutions (McMillan, 1999; Brown, 1998;).

Every state, and the District of Columbia, has at least one provision for waiver so juvenile offenders face criminal courts charged as adults: either by judicial waiver, where the juvenile court waives jurisdiction and sends the case to criminal court; by prosecutorial discretion, where the prosecutor decides in which court to file charges; or by statutory exclusion, where the state legislature designa

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ances; 11,000 boys and 17,000 girls demonstrated suicidal behavior in juvenile facilities each year; and 75 percent of juveniles are in facilities not conforming to basic suicide prevention guidelines. The report also found that juveniles with mental health problems are more likely to suffer mistreatment and mismanagement if they are colored, female, and sexual-minority youths (Report, 2000). Juveniles of color are disproportionately at risk, and are either not diagnosed at all or are misdiagnosed. Seventy-five percent of girls in the court system have been sexually abused, and girls are more likely to be depressed, practice self-mutilation, attempt suicide, and suffer from anorexia nervosa or bulimia, according to the report. Eighty percent of gay, lesbian, bisexual, and transgender juveniles report high levels of social and emotional isolation in juvenile facilities. Sexual-minority juveniles suffer verbal and physical abuse from staff and other inmates, and have little in the way of services provided for them. The report found that structured programs for juveniles can reduce recidivism by 25 percent to 80 percent (Report, 2000). This has also been found by other studies, and juvenile offenders are now often placed i

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