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Hard Choices Or Obvious Ones

Developing Policy for Excluding Youth From Juvenile Court

University of Central Florida

This article examines the various ways in which youth that are charged with criminal behavior are excluded from the juvenile court process and are prosecuted instead in criminal court. The first objective of this work is to eliminate the confusion and misrepresentations concerning exclusion that have dominated the juvenile justice literature. Suggestions are offered as to how this material should be conceptualized and organized so as to avoid these problems. The second objective is to develop a rationale for exclusion that can serve as a foundation from which to develop sound exclusion policy. The strengths and weaknesses of the potential policy stands on exclusion are examined, and the article concludes with an explanation of the desirability of the selective exclusion of serious and chronic offenders from juvenile court.

Key Words: juvenile offenders • transfer • criminal court • incarceration

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