Adultification and Adult Waivers: Measuring Disparities in Perceptions of Maturity
Year: 2025
Type: preprint
Abstract: Judicial waiver of people below the age of majority to adult court has existed since the inception of the juvenile court; prosecutors can also use their discretion to charge some juveniles as adults in some states. Sophistication/maturity is one of the factors most states require judges consider when deciding whether a juvenile should be waived to adult court. Salekin et al. (2001) explained sophistication-maturity as a construct comprised of two factors: “(a) criminal sophistication and (b) intellectual and emotional maturity” (p. 399). In follow up research, Salekin et al. (2002) refined the definition of sophistication-maturity by asking judges to rate the importance of components of maturity when considering the transfer of a youth. They found judges consider youth more mature and sophisticated if they are able to think through options, plan ahead, understand consequences of the offense, and have autonomy from peer influence. The substantial discretion afforded in waiver decision-making creates room for biases that may impact perceptions of maturity. In waiving a child or adolescent to adult court, the decision maker is indicating that the youth is mature enough to be treated as an adult (Kent v US, 1966). Perceiving a child as older than they actually are is a form of adultification. Black youth are viewed as older, angrier, more culpable, and more dangerous than their White counterparts (e.g., Cooke & Halberstadt, 2022; Epstein et al., 2017; Goff et al., 2014; Halberstadt & Cooke, 2021). Adultification may be more likely to happen to Black youth in the legal system; disproportionate waivers to adult court for Black youth may be one way that adultification creates systematic disadvantage in the juvenile legal system. The purpose of this study is to empirically test the relationship between race, perceptions of maturity, and support for waivers to adult court, as well as how gender moderates these relationships. This knowledge will inform mental health professionals and legal decision makers of possible implicit biases involved in waivers to adult court, specifically for Black youth. Understanding the bias in perceptions of maturity can impact policies and practices, such as establishing developmentally appropriate and culturally valid forms of measurement.
Authors: Morgan Hester Howell, Amanda Fanniff
Language: English
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7171532748