Juvenile Court – Jurisdiction
What’s the Problem?
The Juvenile Justice system is designed to handle the adjudication and treatment of youth. This is especially important since, as the US Supreme Court has recognized, “children are constitutionally different from adults in … their culpability” [Montgomery v. Louisiana, 2016]. A 2007 DOJ & CDC study also found that transferring youth to an adult criminal justice system does not protect the community and substantially increases the likelihood that youth will re-offend. [Hahn]
In some cases, sending a minor’s alleged crimes in adult court may be appropriate where a juvenile judge has determined that the individual is not amenable to treatment in the Juvenile Justice system based on all the facts and factors presented. It is not appropriate is for the law and prosecutors to prejudge adult handling for entire classes of crimes and ages of youth. Unfortunately, this is what current Maryland law now provides.
Statistics indicate serious overuse of adult-charges against Maryland youth: 1) One study showed that, in recent years, 87% of adult charges end up dismissed. 2) Racial disparities result from the current system with 80% of adult charges placed against African-American youth–that is, more than twice their share of the population. 3) Because of longer delays built into the adult system, most juveniles suffer in detention and become school drop-outs with higher recidivism.
While it is possible under current law for a juvenile to seek a “reverse waiver” to return his case to juvenile court, this is not a satisfactory approach for two main reasons. First, the “reverse waiver” standard may be unrelated to the juvenile’s amenability for treatment but rather may rely on the undefined “interest of the child and society” [Section 4-202(b)(3)]. Second, the cases statutorily kept in to the adult system are far too common, representing about 80% of all cases where a child stands trial in adult court [Hogan].
What solutions are we working toward?
MAJR supports the 2025 Juvenile Court-Jurisdiction Bill (SB422). This bill significantly reduces the offenses for which preemptive adult court charges may be filed. It would:
- Reduce the categories of offenses that automatically may be charged adult court to a smaller number — only the most serious charges (murders, carjackings, rapes) charged against juveniles age 16 or older;
- Preserve the “reverse waiver” process so some cases may be returned to the juvenile system.
Progress in other states:
Most U.S. states have systems that keep more juveniles in juvenile courts and institutions. Only Alabama sends a higher percentage of its youth to adult prison than Maryland.
Learn More!
[Hahn] Hahn, Robert, et.al. “Effects on Violence of Laws and Policies Facilitating the Transfer of Youth from the Juvenile to the Adult Justice System. November 30, 2007. https://www.cdc.gov/mmwr/preview/mmwrhtml/rr5609a1.htm [Montgomery v. Louisiana] US Supreme Court, Montgomery v. Louisiana, 136 S.Ct. 718, 736 (2016). [Section 4-202(b)(3)] Article – Criminal Procedure Section 4–202 Annotated Code of Maryland (2018 Replacement Volume and 2021 Supplement) [Hogan] Hogan, Rutherford. “Juveniles Charged as Adults in Maryland (7/1/2019 – 12/31/2019). Governor’s Office of Crime Prevention, Youth, and Victim Services. http://goccp.maryland.gov/wp-content/uploads/juveniles-charged-as-adults-201907-201912.pdfJuvenile Court – Jurisdiction, Racial Equality Impact Note, Department of Legislative Services, Maryland General Assembly, 2023 Session
