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Transferred Juveniles in the Era of Sentencing Guidelines: Examining Judicial Departures for Juvenile Offenders in Adult Criminal Court

NCJ Number
239422
Journal
Criminology Volume: 50 Issue: 2 Dated: May 2012 Pages: 525-564
Author(s)
Brian D. Johnson; Megan C. Kurlychek
Date Published
May 2012
Length
40 pages
Annotation
This study contributed to contemporary research on the punishment of juvenile offenders in adult court by analyzing the use of guidelines departures for transferred juveniles in two States.
Abstract
This study contributes to contemporary research on the punishment of juvenile offenders in adult court by analyzing the use of guidelines departures for transferred juveniles in two states, one with presumptive sentencing guidelines (Pennsylvania) and one with voluntary guidelines (Maryland). Propensity score matching is first used to create more comparable samples of juvenile and young adult offenders, and then Tobit regressions are employed to estimate the effect of juvenile status on the likelihood and length of departures. The findings indicate that juvenile status significantly affects the use of upward departures in Pennsylvania, and the use of both downward and upward departures in Maryland. Judicial reasons for departure are examined to provide additional insight into the complex dynamics surrounding exceptional sentences for juvenile offenders sentenced in adult court. (Published Abstract)