NCJ Number
176262
Journal
Juvenile and Family Court Journal Volume: 49 Issue: 3 Dated: Summer 1998 Pages: 1-15
Date Published
1998
Length
15 pages
Annotation
This analysis of the practice of transferring juveniles from juvenile to adult courts in Canada and the United States from 1986 to 1994 indicated that although the two countries have similar provisions for trying youth as adults, they differ in their use of juvenile court waiver.
Abstract
The research revealed that the juvenile justice systems of the two countries share legal traditions in British common law. The two countries have similar transfer provisions in their juvenile codes and frequently change and modify their juvenile codes. However, the countries differ in their use of juvenile court waiver. The United States has increased its use of juvenile court waiver in recent years and now transfers nearly 13,000 juveniles to criminal courts each year. The majority of the youths transferred to adult court were charged with committing nonviolent offenses. In contrast, only 521 transfers occurred in Canada over the 9-year period; most of these youths were charged with violent offenses. Overall, the United States transferred 1 of every 1,035 youths at risk during 1994, whereas Canada transferred 1 of every 18,417 youths at risk during the same period. Thus, while Canada has prepared in many ways to transfer large numbers of offenders to adult courts, it seems reluctant to do so; the juvenile justice systems in the United States remain more punitive than their Canadian counterparts. Tables and reference notes