A Kid Until Not: Exploring Prosecutorial Discretion and Practices in Direct Files of Juveniles - CANCELLED

• In Event: Juvenile Court Intake, Transfer and Direct File Decisions

Abstract

The present paper explores the prosecutorial practices of direct filing of juvenile cases to the adult criminal legal system in the U.S. Twelve years ago, in Miller v. Alabama (2012), the U.S. Supreme Court made a historic decision that children are fundamentally different than adults, and therefore it is unconstitutional to impose life-without-parole sentences on youth under the age of eighteen. Over a decade later, while the distinction between children and adults is commonly accepted in the criminal legal system, children accused of certain offenses are presently prosecuted through the adult criminal legal system. The current study aims to offer a historical timeline of policies implemented that aim to keep children out of the adult criminal legal system. Using available data from 2004 through 2024 from a major jurisdiction, the current paper uses a quasi-experimental interrupted time series design to analyze the long-term effects that three different prosecutorial administrations had on discretion and practices in direct files of juveniles. Findings will be shared during the presentation. Furthermore, the paper aims to contribute to the current literature by emphasizing on the power of discretion and its role to contribute to measurable juvenile justice reform.

Author

• Mariel Delacruz, Temple University