Human Rights Watch has published a new report focusing on the cases of young people who are prosecuted by the adult justice system in New Jersey, instead of the juvenile justice system, even though they were under 18 when the crime was committed. In this US state, the decision of whether to transfer these cases from juvenile to adult courts falls to the prosecutors. This transfer is known as a “waiver”. Judges can only intervene if there is sufficient evidence of an “abuse of discretion” on behalf of the prosecutor, which is very difficult to prove.
The report highlights the high number of children being prosecuted as adults in New Jersey, with children of colour being disproportionally affected. In addition, it exposes the dangers and problems associated to this decision. These include longer pre-trial detention periods, longer sentences in less supportive environments, and having a permanent criminal record, with related challenges to education, employment and housing upon release. The report asks policy makers to abolish this practice for crimes committed by children. In addition, New Jersey is far from an isolated case, as all 50 states have transfer laws that either allow or require children to be prosecuted in adult criminal court, rather than juvenile court. There is no constitutional right for children to be tried in juvenile court.
The investigation took place between May and December 2024, and consisted of over 80 interviews, 43 written correspondences, analysis of official data from the justice system, examination of court records and case outcomes, and review of relevant laws, policies, and international standards.