ABSTRACT
The decision to prosecute juvenile offenders in criminal court is arguably the most important decision made regarding youth who are charged with committing crimes.1 Without a doubt, this issue is among the most controversial in the field of juvenile justice due primarily to the severity of the stakes involved. If adjudicated in juvenile court, the youth can expect mostly rehabilitation-oriented, relatively brief sanctions, preferably and often even presumptively served in the community or at worst in an institution that more often resembles a school than a prison; moreover, the delinquent record earned in this forum expires when the youth reaches adulthood, assuming there are no additional arrests for criminal behavior. If convicted in criminal court, however, the youth can expect mostly punitive-oriented, long-lasting sanctions, most likely to be served in the same facilities as hard-core, career adult criminals; moreover, the criminal record earned in that forum results in a debilitating and permanent stain on the offender’s character, as well as the loss of significant civil liberties, with or without any reoccurrence of crime. It should not be surprising, then, that this topical area attracts individuals driven by serious passions and strong ideology. It hasn’t helped matters that many, if not most, of the observations and analyses of the issue have utilized language that is confusing and, at times, downright inaccurate. This chapter hopes to provide a clear and objective explanation of this most important subject, while also discussing the very important implications behind subjecting young defendants to trial in the criminal court.
