What is the consequence of direct filing of juveniles to criminal court?
The consequence of direct filing is that many criminalized juveniles now serve very lengthy incarceration times, sometimes starting in a state juvenile facility until they are transferred to an adult prison on their 18th birthday. Some are placed on probation, as a criminal court judge does not view incarceration as appropriate. Some are transferred back to juvenile court handling in those states, such as Maryland and New York, that have authorized a reverse-waiver hearing whereby a criminal court judge can consider which will be the better forum. For many, the wait until a criminal court disposition is far lengthier than for this decision to be made in the juvenile court process. Most waived juveniles are in custody pending the criminal court disposition.
