ABSTRACT

All states have set an upper age of original jurisdiction for juvenile courts (age 15, 16, or 17). In addition, the states have procedures that permit them, under certain circumstances, to try youth in adult criminal court. Twenty-nine states automatically exclude cases from juvenile court jurisdiction that meet specific age and offense criteria. Fifteen other states permit prosecutors to file certain juvenile cases directly in criminal court. In all but four states (Massachusetts, Nebraska, New Mexico, and New York), a juvenile court judge is authorized to waive the juvenile court’s original jurisdiction over cases that meet certain criteria and refer them to criminal court for prosecution.1 Table 9.1 provides a breakdown by states of the concurrent jurisdiction offense and minimum age criteria. Concurrent jurisdiction refers to those cases that may be filed directly without first referring the case to juvenile court. Table 9.2 reflects a similar breakdown by states as to those cases where the juvenile court may waive jurisdiction and allow the filing of cases in adult criminal courts.