Transfer of Minors to Adult Court in California: Investigating the Legal/Demographic Factors that Make the Difference

Classified as probably not a substantial claim.

Prior research shows Black youths are treated more harshly than White youths in the criminal justice system.

“These findings demonstrate that Black youths are treated more harshly than White youths in the criminal justice system (Fite et al., 2009).”

• cites Fite et al., 2009 sourcePartly supported

  The Discussion (page unavailable) notes that Black youths are much more likely to be arrested for drug offenses despite evidence of similar drug-use rates, and considers differential policing as a possible explanation. But it says there is little evidence of racial bias in non-drug-related arrests; the Conclusions attribute most arrest-rate discrepancies to differing exposure to early risk factors. The paper therefore does not establish the broad claim that Black youths are treated more harshly throughout the criminal justice system. (LLM, conf=0.86)

  Experimental — accuracy not yet measured

May combine two claims.

In the authors' sample, only 21 (41.2%) of Latino youth were transferred to adult court while the majority (n = 30, 58.8%) were retained, reversing the earlier trend.

“We observed a trend reversal where only 21 (41.2%) were transferred to adult court while the majority were retained (n = 30, 58.8%).”

May combine two claims.

Prior to Proposition 57, for the 2010-2016 period, 73% of cases were direct filed, and in the aggregate 92% of minors ended up being tried as adults.

“Ridolfi et al. (2017) reported that for the 2010-2016 period 73% of cases (n = 3955) were direct filed while a minority involved transfer hearings (27%, n = 1442) of which 1024 (71%) of minors were transferred while 418 (29%) were retained in the juvenile system.In the aggregate, 92% of minors ended up being tried as adults.”

• cites Ridolfi et al. (2017)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Discrepancies between researchers were resolved by a third researcher.

“In the very unlikely event that discrepancies were detected a third researcher resolved the issue.”

Classified as probably not a substantial claim.

The study used a generalized estimating equation (GEE) to account for correlation between multiple observations nested within counties.

“For our main analysis, we employed a generalized estimating equation (GEE) to account for the correlation between multiple observations in the dataset based on county.”

• cites Ghisletta & Spini, 2004 sourceNot checked — no full text of the source
• cites Hardin & Hilbe, 2003Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Holbrook et al. (2022) reported that the plurality of judges noted disparate treatment against racial minorities and the presence of unconscious racial bias as evidence.

“Moreover, Holbrook et al. (2022) report that “the plurality of judges noted disparate treatment against racial minorities and the presence of unconscious racial bias as evidence.”(p.9).”

• cites Holbrook et al. (2022)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Under Proposition 57, prosecutors must petition for fitness hearings and present convincing evidence to a judge that the minor is unfit for juvenile court before transfer can occur.

“Under Proposition 57, transfers without judicial review were eliminated and prosecutors were tasked with providing convincing evidence to the judge during a judicial review hearing that the minor would be unfit for juvenile court treatment in order for the transfer to occur.”

• Also stated in: § Introduction · plain

  “Under Proposition 57, prosecutors are required to petition for fitness hearings and present evidence before a judge to support their claim.”

Probably not a substantial claim: may not pass S3 (load-bearing).

In a recent national survey of 632 judges, 411 (65%) responded affirmatively that systemic racism exists in the legal system.

“In a recent national survey of 632 judges, 411 of them (65%) responded in the affirmative when queried if systemic racism does exist in the legal system.”

• cites Holbrook et al. (2022)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Counties in California differ widely in how they administer justice, with unique legal cultures.

“Counties in California differ widely on how they administer justice (Ball, 2011;Lin & Petersilia, 2014).”

• cites Ball, 2011 sourceNot checked — no full text of the source
• cites Lin & Petersilia, 2014 sourceNot checked — no full text of the source

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Each forensic report was read by two researchers to ensure consistency, with high inter-rater reliability (α = .96).

“Each report was read by two researchers to ensure consistency (α = .96).”

Probably not a substantial claim: may not pass S3 (load-bearing).

The study's sample was composed only of male alleged offenders.

“The sample was composed of only male alleged offenders.”

Probably not a substantial claim: may not pass S3 (load-bearing).

The study was approved by the university's Institutional Review Board (IRB-2018-486).

“This study was approved by the university's Institutional Review Board: IRB-2018-486.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Jolivette et al. (2016) illustrated how positive emphasis assisted in the transition of youth from juvenile justice facilities back to their neighborhood school.

“Jolivette et al. (2016) illustrated how this positive emphasis assisted in the transition of youth from juvenile justice facilities back to their neighborhood school.”

• cites Jolivette et al. (2016)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Following Proposition 57, transfer decisions were entrusted solely with judges, and prosecutors could no longer direct file charges in adult court without judicial review.

“Following Prop 57, transfer decisions were entrusted solely with judges and prosecutors could no longer direct file.”

• Also stated in: § Introduction · plain

  “Proposition 57's most significant development was in granting sole discretion to judges to determine if a youth (between 14 and just younger than 18 years of age) will be tried as an adult or a juvenile.”

• Also stated in: § Introduction · plain

  “The passage of Proposition 57 took away the power of prosecutors to direct file charges in adult court without judicial review.”

• cites Proposition 57Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Prior to Proposition 57, Los Angeles County held 557 transfer hearings (2010-2016) and transferred 88% of those cases to adult court, showing Los Angeles juvenile courts were more apt to transfer youth than courts in other counties.

“Ridolfi et al. (2017) reported that the County held 557 transfer hearings (2010 and 2016) and transferred 88% of those cases to adult court, showing that Los Angeles juvenile courts were more apt to transfer youth than courts in other counties.”

• cites Ridolfi et al. (2017)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

At the county level, the study's ability to highlight the current trend was limited due to reduced sample size and power, so analysis focused only on Los Angeles County with 32 cases.

“At the county level, our ability to highlight the current trend was more limited due to the reduced sample size and power, thus we focused only on Los Angeles County with 32 cases.”

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing).

Being aware of systemic racism may allow judges who gained significant power under the current legal scheme to rebut its harmful effects.

“Being aware of this negative phenomenon may allow judges who gained significant power under the current legal scheme to rebut its harmful effects.”

Probably not a substantial claim: may not pass S3 (load-bearing).

According to Ecological Systems Theory, human development is a product of progressive accommodation, an interplay between the growing human organism and the fluctuating environments in which it lives and grows.

“According to Ecological Systems Theory (EST) (Bronfenbrenner, 1977) human development is a product of progressive accommodation, an interplay between the growing human organism and the fluctuating environments in which it actually lives and grows.”

• cites Bronfenbrenner, 1977 sourceNot checked — no full text of the source

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing).

Ecological Systems Theory highlights myriad influences from the most immediate Meso-System to more remote socio-cultural forces as well as change over time.

“This system approach theory highlights the myriad of influences from the most immediate Meso-System (i.e., those in close physical proximity with lasting ties) to the more remote socio-cultural forces as well as change over time.”

• cites Bronfenbrenner, 1977 sourceNot checked — no full text of the source

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

The present study contributes a new method of evaluation, diverging from existing descriptive research and adding a new dimension to the current literature.

“The present study contributes a new method of evaluation, diverging from existing descriptive research and adding a new dimension to the current literature.”

May combine two claims.

Zane et al. (2016b) conducted a systematic review of recidivism outcomes for juveniles transferred to adult court, including a meta-analysis of nine independent studies; the distribution of effect sizes was highly heterogeneous and no statistically significant effect was detected overall.

“More recently and extensively, Zane et al. (2016b) conducted a systematic review of recidivism outcomes for juveniles transferred to adult court including a meta-analysis of nine independent studies.The distribution of effect sizes was highly heterogeneous (no statistically significant effect was detected overall)”

• cites Zane et al. (2016b)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Lanza-Kaduce et al. (2005) examined adult felony recidivism for 475 matched pairs of one juvenile transferred to adult court and one retained in the juvenile justice system in Florida; the transfers were more likely to reoffend once they turned 18.

“Lanza-Kaduce et al. (2005) examined adult felony recidivism for 475 matched pairs of one juvenile transferred to adult court and one retained in the juvenile justice system in Florida.The transfers were more likely to reoffend once they turned 18 years of age.”

• cites Lanza-Kaduce et al. (2005) sourceNot checked — no full text of the source

May combine two claims.

The use of adult transfers is not only failing to deter crime but also backfiring by provoking a higher chance of recidivism.

“This suggests that the use of adult transfers is not only failing to deter crime, but also backfiring by provoking a higher chance of recidivism.”

May combine two claims.

The change in policy that Proposition 57 brought was partially due to the fact that sending a juvenile to the adult system did not seem to assist rehabilitation and may have increased the likelihood of recidivism.

“The change in policy that Proposition 57 brought was partially due to the fact that sending a juvenile to the adult system did not seem to assist the youth in rehabilitation, but rather may have even increased the likelihood of recidivism.”

• cites Lanza-Kaduce et al. (2005) sourceNot checked — no full text of the source
• cites Zane et al. (2016b)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

Proposition 57 emphasizes that the court must go beyond the circumstances surrounding the offense itself and that judges should have the most relevant information and the full picture of an individual before reaching a final transfer determination.

“Proposition 57 emphasizes that “the court must go beyond the circumstances surrounding the offense itself” and that judges should have the most “relevant information and the full picture of an individual” before reaching a final determination about transfer.”

• cites Proposition 57Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

This highly restrictive environment promotes negative outcomes due to factors such as exposure to delinquent others, violence, or restraints performed by staff.

“This highly restrictive environment promotes negative outcomes, due to factors such as exposure to delinquent others, violence or restraints performed by staff.”

May combine two claims.

Compared to the adult justice system, the juvenile justice system has a greater focus on rehabilitation that would provide youth with a greater likelihood of maturing into a law-abiding adult.

“When compared to the adult justice system, the juvenile justice system has a greater focus on rehabilitation that would provide the youth with a greater likelihood of maturing into a law-abiding adult (Weinberg, 2017).”

• cites Weinberg, 2017Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Proposition 57 emphasizes the potential for the minor to be rehabilitated as a factor for judges to consider when deciding whether to keep the minor in the juvenile system.

“Proposition 57 emphasizes the potential for the minor to be rehabilitated as a factor for judges to take into consideration when deciding whether to keep the minor in the juvenile system.”

• cites Proposition 57Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Because of the relatively small sample size, the conclusions warrant caution.

“Because of the relatively small sample size, the conclusions warrant caution.”

Classified as probably not a substantial claim.

The main weakness of the study is the limited number of reports the authors were able to include in their analysis.

“The main weakness of the study is the limited number of reports we were able to include in our analysis.”

May combine two claims.

Through the adaptation of Ecological Systems Theory to the juvenile justice system, the prospects of the authors' sample are clearly not favorable regardless of whether they are kept in the juvenile system or transferred, because they face detention, which is inherently deleterious.

“Through the adaption of EST to the juvenile justice system (Snyder & Duchschere, 2022) the prospects of our sample are clearly not favorable regardless if kept in the juvenile system or transferred, as they face detention, which is inherently deleterious.”

• cites Snyder & Duchschere, 2022 sourceNot checked — no full text of the source

Classified as probably not a substantial claim.

Zane et al. concluded that, if any, transfers may actually increase reoffending.

“leading the authors to conclude that, if any, transfers may actually increase reoffending.”

• cites Zane et al. (2016b)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

The authors' assessment of the results comes in close time proximity after the passing of Proposition 57.

“It is clear that our assessment of the results comes in close time proximity after the passing of Prop 57.”

Probably not a substantial claim: may not pass S3 (load-bearing).

The authors tested only the independent effects of their predictor variables and not their possible interactive effects.

“More specifically, we tested only the independent effects of our predictor variables and not their possible interactive effects.”

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based). May combine two claims.

This tilt towards rehabilitation rather than retribution is the hallmark of Proposition 57, a case in point of how Macro-system legislation attempts to foster a more favorable person-environment interaction.

“This tilt towards rehabilitation rather than retribution is the hallmark of Proposition 57, a case in point of how a Macro-system legislation attempts to foster a more favorable personenvironment interaction.”

May combine two claims.

In a subset of three studies targeting violent felony recidivism, two studies found that juvenile transfer increased recidivism and one study identified no effect.

“but in a subset of three studies that targeted violent felony recidivism, two studies found that juvenile transfer increased recidivism and one study identified no effect”

• cites Zane et al. (2016b)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Based on the authors' analysis, judges still do not go beyond the circumstances of the offense and do not have the full picture of the individual before transfer decisions.

“Based on our analysis, this seems still not to be the case.”

Probably not a substantial claim: may not pass S4 (based).

This study is the first to evaluate the factors of youth transfer decisions inferentially.

“Despite these limitations, this study is the first to evaluate the factors of youth transfer decisions inferentially.”