The juvenile court system was also declared a threat to public safety, as juvenile sanctions included shorter terms of incarceration. The increasing data that rehabilitative juvenile programs were not effective coupled with the perception of a rising rate of serious juvenile violence in the 1980s and 1990s prompted a push for using the waiver process to transfer youthful offenders to adult criminal court. There has been a decided shift from rehabilitative to punitive treatment of young offenders during the last 20 years. Juvenile offenders who are considered for transfer to adult criminal court must be of a certain age, have committed a serious offense, and have a prior serious offense record.
All states contain legislation allowing the transfer.
The use of a weapon in the commission of an offense has a significant effect on the decision to judicially refer a juvenile to criminal court. A disproportionate percentage of minority youth are transferred to adult court for serious, violent offenses. They are also more likely to be convicted and incarcerated. Despite the ability to recommend transfer of youth at younger ages in many states, the majority of transfers are for juvenile offenders aged 16 and older. Up until most recently, the majority of juveniles transferred to adult court were charged with property crimes.