The Predispositional Status of Violent Youthful Offenders: Is There a “Custody Gap” in Adult Criminal Court?

Abstract

This study focused on the immediate justice system response to violent youths in juvenile versus adult court. We examined 557 violent young offenders from Pennsylvania, of whom 138 were judicially waived to adult court and 419 were retained in juvenile court. Statistical analyses revealed that the transferred youths were more likely to be released from secure custody prior to a final disposition of their charges. Of those offenders who were released, the transferred youths also were more likely to recidivate and exhibited more serious predispositional recidivism than did the retained juveniles. These findings suggest the presence of an initial “custody gap” for violent youths waived to the adult criminal system.