Juveniles in the Adult Criminal Justice System in Texas

• NCJ Number: 240319
• Author(s): Michele Deitch
• Date Published: March 2011
• Length: 58 pages
• Corporate Author: University of Texas at Austin
• Sale Source: University of Texas at Austin
• Publication Format: Document; Document (Online)
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This study examined Texas data on "certified" juveniles and compared them to the juveniles who received determinate sentences under the Texas Youth Commission (TYC). It also compared the differences in programming and services for these two populations of juvenile offenders.

Abstract

Under Texas law, juveniles ages 14 and older who have committed felony offenses can be transferred by a juvenile judge to adult criminal court for trial and post-conviction sentencing. This process is called "certification." Texas law also provides that serious and violent juvenile offenders can be retained in juvenile court where they can be given a determinate sentence to be supervised by the TYC. If a juvenile reaches age 19 while under the TYC, the juvenile judge re-evaluates the youth to determine whether he/she should be transferred to the adult prison system for completion of his/her sentence. An examination of the characteristics of these two juvenile populations found minimal differences between certified juveniles in the adult criminal justice system and determinate-sentence juveniles in TYC, except for the county where they were convicted. The findings contradicted the prevailing assumption that juveniles transferred to adult court are more violent and habitual in their criminal behavior than those retained in juvenile court. In fact, the criminal offenses and criminal histories of the two populations were remarkably similar. The study also found that most certified youth had never had the benefit of effective rehabilitative programs that are provided in the juvenile justice system. The study concludes that adult prisons and jails are not beneficial nor appropriate for juveniles under age 17, regardless of their offense or the court in which they are prosecuted. Juveniles housed in adult prisons and jails have vastly higher risk for suicide, sexual assault, physical assault, and mental illness. Seven policy recommendations are offered. 14 tables, 11 figures, an extensive bibliography, and a listing of legislative sources