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Golden Gate University School of LawGGU Law Digital CommonsNational Institute of Justice Office of JusticePrograms Government Documents1-1997Juvenile Delinquents in the Federal CriminalJustice SystemUS Department of JusticeFollow this and additional works at: https://digitalcommons.law.ggu.edu/nij-ojpPart of the Juvenile Law Commons, and the Law Enforcement and Corrections CommonsThis Government Document is brought to you for free and open access by the Government Documents at GGU Law Digital Commons. It has beenaccepted for inclusion in National Institute of Justice Office of Justice Programs by an authorized administrator of GGU Law Digital Commons. Formore information, please contact jfischer@ggu.edu.Recommended CitationUS Department of Justice, "Juvenile Delinquents in the Federal Criminal Justice System" (1997). National Institute of Justice Office ofJustice Programs. 9.https://digitalcommons.law.ggu.edu/nij-ojp/9U.S. Department of Justice Office of Justice Programs Federal Documents Collection LAW LIBRARY January 1997, NCJ-163066 Juvenile Delinauents in the Federal Crimiiiai Justice System John Scalia BJS Statistician During 1995, U.S. attorneys filed cases against 240 persons for alleged acts of juvenile delinquency. Of these, 122 cases were adjudicated in Federal court, representing 0.2% of the 56,243 "\ses (both adult and juvenile) adjudi-..tted during 1995. Almost half of juve-nile delinquency cases involved a violent offense (32%) or a drug offense (15%) . Federal prosecutors declined further action against 228 other juve-niles referred to them. Many of the juveniles adjudicated in the Federal system are Native Americans. When Native American tribal jurisdictions lack resources or jurisdic-tion or when there is a substantial Fed-eral interest, a U.S. attorney may initiate juvenile delinquency proceed-ings. Further, the Federal Government has jurisdiction over certain offenses committed in Indian country (18 U.S.C. § 1152 and 1153). HV 9104 .S43 1997 In Federal courts, juveniles adjudicated delinquent were about half as likely as convicted adults to receive a sen-tence of confinement (Federal Criminal Case Processing, 1982-93, NCJ-160088, May 1996). The average '1gth of confinement ordered was 34 . 11onths. During 1995 the majority (59%) of juveniles adjudicated delin-quent were placed on probation. Highlights • During 1995, 468 juveniles were referred to Federal prosecutors for investigation- 49% of these cases were declined for further action. • During 1995, 122 juveniles were adjudicated as delinquent in the Fed-eral courts- 47% for either a violent or drug offense. • During the 12 months ending September 1994, an additional 65 persons who allegedly committed Federal Juvenile Delinquency Act An act of juvenile delinquency is a vio-lation of Federal law committed by a person prior to age 18 which would have been a crime if committed by an adult (18 U.S.C. § 5031). Under Fed-eral law, a person accused of an act of juvenile delinquency may be proc-essed as a juvenile provided the person has not attained age 21. Federal juvenile delinquency proceedings Adjudication of juveniles in the Federal system is limited. Federal law requires that prosecutors restrict proceedings against juveniles to those cases in which they certify to the court that there acts of delinquency were referred for prosecution as an adult by a U.S. attorney. • 37% of juveniles adjudicated delin-quent were committed to a correc-tional facility. The average length of commitment was 34 months. • 61% of juvenile delinquents confined by the Federal Bureau of Prisons were Native Americans. is a substantial Federal interest in the case and-• the State does not have jurisdiction or refuses to assume jurisdiction; • the State with jurisdiction does not have adequate programs or services for juvenile offenders; or • the offense charged is a violent felony, a drug trafficking or importation offense, or a firearms offense (18 u.s.c. § 5032). Unlike State-level criminal justice sys-tems, the Federal system does not have a separate juvenile justice com-ponent. Juveniles are adjudicated by a U.S. district court judge or magistrate in a closed hearing without a jury. After a juvenile has been adjudicated delinquent, a hearing concerning the disposition of the juvenile is held. During the disposition hearing, a juve-nile may be ordered to pay restitution, be placed on probation, or be commit-ted to a correctional facility. Juveniles under age 18 may be placed on probation or committed until they reach age 21. Juveniles between ages 18 and 21 may be placed on probation for up to 3 years or confined for up to 5 years, depending on the severity of the offense. Transfer to adult status A person who committed an offense prior to age 18 may be adjudicated as an adult if-• the offense charged was a violent felony or drug trafficking or importation offense and if the offense was commit-ted afterthe person's 15th birthday. • the person possessed a firearm during a violent offense and the offense was committed after the per-son's 13th birthday. • the person had been previously adju-dicated delinquent of a violent felony or drug offense (18 U.S.C. § 5032). While the Department of Justice does not systematically collect information Juveniles in the State courts In contrast to the Federal system, the State systems frequently charge ju-veniles with delinquency. During 1994 there were more than 1.5 mil-lion delinquency cases in courts with juvenile jurisdiction. Of these, almost 855,000 were formally processed in the juvenile justice system. Nearly half (49%) of those juveniles formally processed .at the State level were charged with property offenses (ta-ble). Few (9%) were charged with drug offenses. Approximately 58% of those juve-niles formally charged at the State level were adjudicated delinquent (not shown in a table). Similar to those in the Federal system, approxi-mately 29% of those juveniles adjudi-cated delinquent were commit-describing Federal juvenile transfers, it estimates that during the 12 months ending September 30, 1994, 65 per-sons accused of delinquency were referred to the Attorney General for transfer to adult status. It is not known how many were charged directly as adults based on their prior criminal records. Juveniles investigated by U.S. attorneys tigation and prosecution. The U.S. at-torneys declined to proceed against 49% of those juveniles referred to them- two-thirds of that number immediately and the remainder subsequently. Juveniles adjudicated in U.S. district courts -During 1995, 468 juveniles were re-ferred to Federal prosecutors for inves-Few cases involving juvenile delin-quents are processed in U.S. district courts because of statutory restric-tions. Between 1989 and 1994, the number of juveniles adjudicated for Table 1. Juveniles in delinquency proceedings terminated in U.S. district courts, 1989-95 Number of Federal delinquency proceedings terminated Most serious offense 1989 1990 1991 1992 1993 1994 1995 Total* 206 217 194 144 124 134 122 Violent offenses 49 66 62 43 41 56 34 Property offenses 65 40 37 53 30 18 27 Fraudulent 11 4 4 2 3 3 4 Other 54 36 33 51 27 15 23 Drug offenses 66 52 44 31 28 38 16 Public-order offenses 26 52 49 17 25 17 28 Regulatory 1 3 21 4 7 2 10 Other 25 49 28 13 18 15 18 *Total includes cases for which an offense category could not be determined. Data source: Administrative Office of the U.S. Courts, criminal docket data file, annual. ted to a correctional or other residen-tial facility and 56% were placed on probation. Almost a third (31 %) of those charged with a violent offense were committed. During 1994 less than 2% of all juveniles charged with offenses in Delinquency cases in State courts, 1994 Adult Most serious offense Number transfers Total 855,200 12,300 Personal offenses 196,900 5,400 Property offenses 415,800 4,600 Drug offenses 73,400 1,300 Public-order offenses 169,100 1,000 Source: Jeffrey A. Butts, Howard N. Snyder, Terrence A. Finnegan eta/., Juvenile Court Statistics 1994, Office of Juvenile Justice and Delinquency Prevention (1996). the State courts were waived to adult status. Similar to the Federal sys-tem, approximately 44% of juveniles transferred were charged with a vio-lent offense. Drug offenders repre-sented few (11 %) of the transfers. While 12,300 juveniles were judi-cially waived to adult status during 1994, others were statutorily ex-cluded from juvenile court jurisdiction based on their age and offense or concurrent jurisdiction provisions. In 13 States the upper age of juvenile court jurisdiction is 15 or 16 years. Many States also exclude certain serious offenses- such as murder and other violent offenses- from juvenile court jurisdiction. 2 Juvenile Delinquents in the Federal Criminal Justice System I acts of delinquency in U.S. district courts ranged from 217 during 1990 to 122 during 1995 (table 1 ). The District of South Dakota (12.3%), the District of Arizona (10.7%), the District of Mon-tana (10.7%), and the Eastern District of North Carolina (9.8%) accounted for approximately 44% of the total Federal juvenile caseload during 1995 (not shown in a table). Offense committed Consistent with the statutory directive, juveniles charged with acts of juvenile delinquency in U.S. district courts were most frequently charged with more serious offenses such as drug (15%) or violent (32%) offenses. Adjudication Of the 122 juveniles charged with delinquency whose cases were termi-nated in the U.S. district courts during 1995, approximately 81% were adjudi-cated delinquent. Of adjudicated delin-quents 87% admitted to the facts alleged in the indictment (or informa-tion) and 13% were adjudicated delinquent after a hearing (not shown in a table). Of juveniles who were not adjudicated delinquent, 90% had the charges dismissed and 1 0% were found not delinquent. Disposition/sanction imposed Of those juveniles adjudicated delin-quent during 1995, 37% were commit-ted to a correctional facility, 59% were placed on probation, and 4% received a sentence that did not include supervi-sion or confinement (table 2). Table 2. Disposition of juveniles adjudicated delinquent in U.S. district courts, 1995 Type of disposition Number Percent Total 99 100.0% Confinement only 32 32.3 Confinement and 5 5.1 probation Probation only 58 58.6 No probation 4 4.0 Data source: Administrative Office of the Approximately 35% of those juveniles committed to a correctional facility were adjudicated delinquent of a vio-lent offense. Of those 37 juveniles committed during 1995, the average length of commitment required was 34 months (not shown in a table). Juvenile delinquents confined by the Federal Bureau of Prisons As of September 30, 1994, 124 juvenile delinquents were confined in a State juvenile correctional facility under con-tract to the Federal Bureau of Pris-ons (table 3). (The Federal Bureau of Pris-ons does not have its own facilities for juvenile delinquents.) Most (64%) were adjudicated delinquent of a vio-lent offense. Sixty-one percent of the confined juvenile delinquents were Native Americans (table 4). The majority (81 %) of the Native Americans con-fined were adjudicated delinquent of a violent offense- sex offenses (32%), assault (28%), negligent man-slaughter (20%), and robbery (1 %). The remainder were adjudicated delin-quent of a property offense. Almost all (88%) of the juveniles con-fined were U.S. citizens; 4% were Mexican citizens, and 3% were Chinese citizens. During 1994, 102 juvenile delinquents were released by the Federal Bureau of Prisons from a juveni.le correctional Table 3. Juvenile delinquents confined by the Federal Bureau of Prisons, 1994 Most serious offense Number Percent Total• 124 100.0% Violent offenses 77 64.7 Property offenses 16 13.4 Drug offenses 17 14.3 Public-order offenses 9 7.6 •Includes cases for which an offense cate-gory could not be determined. Data source: U.S. Department of Justice, Bureau of Prisons, SENTRY system data file, fiscal year ending September 30, 1994. facility. The average time served was-• 14 months for all those released • 21 months for drug offenders • 17 months for violent offenders. Methodology The primary source of data presented in this report is the BJS Federal Justice Statistics Program (FJSP) database. The FJSP database is presently con-structed from the source files provided by the U.S. attorneys, the Federal courts, the U.S. Sentencing Commis-sion, and the Federal Bureau of Pris-ons. Data tabulations, except where otherwise indicated, were prepared from BJS staff analysis of source agency datasets. Juvenile delinquency proceedings were identified using a delinquency proceed-ing code included in the courts' data-base, the statute(s) charged (18 U.S.C. § 5031 et seq.), and a descriptive label in the name field- juvenile records in the database typically do not include identifying information such as names. Juveniles under jurisdiction of the Bu-reau of Prisons are housed in facilities specifically for juveniles. Table 4. Demographic character-istics of juvenile delinquents confined by the Federal Bureau of Prisons, 1994 Characteristic Number Percent Total 124 100.0% Race/ethnicity White 9 7.3 Black 15 12.1 Hispanic 19 15.3 Native American 75 60.5 Asian 6 4.8 Citizenship United States 109 87.9 Mexico 5 4.0 China 4 3.2 Other 6 4.9 Data source: U.S. Department of Justice, Bureau of Prisons, SENTRY system data file, fiscal year ending September 30, '"kU.S. GOVERNMENT PRINTING OFFICE: 1998 ·- 432-180/60031 Juvenile Delinquents in the Federal Criminal Justice System 3 Coordinating Council on Juvenile Justice and Delinquency Prevention The Coordinating Council on Juvenile In 1995 the Coordinating Council Justice and Delinquency Prevention, established the Policy Committee on a council within the executive branch Youth in Federal Custody. The Pol-of Government, was established by icy Committee was charged with the Juvenile Justice and Delinquency developing policies and procedures Prevention Act of 1974 (42 U.S.C. § for apprehending and maintaining 5616). The Coordinating Council en- custody of juveniles, providing assis-courages cooperation among the tance to agencies addressing unique Federal agencies with youth custody issues, and reporting juvenile delinquency programs. annually on the number of juveniles taken into Federal custody. Under the Act, the Coordinating Council is required to-• review the programs and practices of Federal agencies concerning juve-niles in their custody • review the reasons why Federal agencies take juveniles into custody • recommend how to improve Fed-eral practices and facilities for hold-ing juveniles in custody • report on the degree to which Fed-eral funds are used to deinstitutional-ize status offenders, separate incarcerated juveniles from adults, and remove juveniles from adult jails and lockups. As part of its study, the Policy Com-mittee has surveyed Federal agen-cies on their policies and practices on taking juveniles into custody and on placing those juveniles into secure custody. In addition, the Policy Committee asked BJS to describe juveniles adjudicated in the Federal criminal justice system. The Policy Committee will issue a report and recommendations to the Coordi-nating Council. ~ ~~~~llr!~~~~~~~~l~~~~~~~~~ ~~m111~1 3 5127 00158 1545 LAW Ll ARY GOLDEN GATE UNIVERSITY U.S. Department of Justice Official Business Office of Justice Programs Penalty for Private Use $300 Bureau of Justice Statistics HV9104 .S43 1997 ------------ Scalia, John Washington, D.C. 20531 Special Report Juvenile delinquents in the i Federal criminal justice system The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Jan M. Chaiken, Ph.D., is director. BJS Special Reports address a spe-cial topic in depth from one or more datasets that cover many topics. John Scalia of the Bureau of Justice Statistics wrote this report. William J. Sabol of the Urban Insti-tute provided statistical review. Gina Wood of the Office of Juvenile Justice and Delinquency Pre¥ention and Steve Shandy of the Cririninal Division, Department of Justice, pro-vided assistance in the preparation of this report. Tom Hester and Tina Dorsey edited the report. Marilyn Marbrook, assisted by Yvonne Bos-ton, administered production. February 1997, NCJ-163066 Data presented in this report may be obtained from the National Archive of Criminal Justice Data at the University of Michigan, 1-800-999-0960. The report and data are also available on the Inter-net: http://www.ojp.usdoj.gov/bjs/ BULK RATE POSTAGE & FEES PAID DOJ/BJS Permit No. G-91 1 

Juvenile Delinquents in the Federal Criminal Justice System

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Juvenile Delinquents in the Federal Criminal Justice System

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