Sept. 9, 2024 – Ask a parent and they will tell you: teenagers can make poor decisions. For many, those mistakes can be corrected by guidance from family and role models. But sometimes, those poor decisions result in crimes that require the justice system to intervene.
In Wisconsin, the juvenile justice system handles criminal offenses for minors ages 16 and younger. The juvenile justice system is distinct from adult courts, with specialized services tailored to youth. Those services can require restitution and/or community service, and offer victims the opportunity to participate in victim-offender dialogue if they choose. They also require youth to participate in treatment services that reduce the likelihood of reoffending.
Studies1 repeatedly show that, after release, youth placed in an adult prison reoffend at higher rates than young people placed in a juvenile institution. The adult criminal justice system is not adequately equipped or designed to handle juveniles. When treated as juveniles, teens have a better chance to learn from the situation and take steps to find success in the future.
Devin Martin, is the grassroots outreach coordinator with the State Bar of Wisconsin. He can be reached by
email, or by phone at (608) 250-6145.
At this time, all 17-year-olds in Wisconsin are considered adults during criminal prosecution, with no ability to be waived into juvenile court. This hasn’t always been the case—our state began to treat 17-year-olds as adults for criminal responsibility in 1996. Since that time, many other states have realized the benefits of reducing recidivism in young offenders. Wisconsin is now one of only three remaining states (along with Georgia and Texas) that set the age of criminal responsibility at 17 years. By keeping all 17-year-olds in adult court, we prevent many from getting specialized treatment that can reduce the risk they will reoffend.
The State Bar of Wisconsin supports returning original jurisdiction of 17-year-olds to the juvenile justice system. The State Bar also supports the ability of courts to try truly dangerous and mature 17-year-olds in adult courts when appropriate, such as in homicide, sexual assault, or especially egregious cases. However, as as a matter of course, most 17-year-old offenders would best be served in juvenile court.
You can learn more about this topic and review all of the policy positions of the State Bar of Wisconsin by visiting the
State Bar Policy Positions page on our website.
What You Can Do: State Bar of Wisconsin Advocacy Network
Lawmakers in Wisconsin need to hear from members of the State Bar about why returning 17-year-olds to the juvenile justice system helps create better outcomes for offenders, victims, and the public at large. You can help by reaching out to your legislators using our Advocacy Network.
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1 Dept. of Justice, Office of Juvenile Justice and Delinquency Prevention. Juvenile Transfer Laws: An Effective Deterrent to Delinquency? June 2010.
