The
Abell Report
Published by the Abell Foundation
June 2018
Volume 31, Number 3
There is a perception that juvenile crime is on The data collected suggest the following:
the rise in Baltimore. Recent headlines such
as “Juvenile crime in Baltimore ‘out of control;’ • Overall juvenile arrests are down, but
leaders want action” (Baltimore Sun, 11/6/17) and juvenile arrests for crimes of violence
“Heading off rise in juvenile crime is top issue for are up.
Baltimore” (WBAL, 2/27/18) are indicative of news
• A relatively small number of youth are
stories that capture—and fuel—the perception
charged as adults for crimes of violence,
that juvenile crime is up. Most recently, media
and most of these cases are transferred
coverage of the four Baltimore teenagers arrested
back to juvenile court.
and charged in the death of a Baltimore County
police officer has contributed to this narrative. • While most of these youth are detained
pretrial for four months or more, only a
We set out to answer the following questions:
small percentage of them serve jail time
1. Is juvenile crime on the rise in Baltimore City? or out-of-home confinement after their
cases are resolved in either adult or
2. How are youth who are charged with juvenile court.
violent crimes handled by the criminal and
juvenile justice systems? • The outcomes for juveniles charged with
violent crimes appear to be driven by
3. What happens in cases where juveniles are individual judges in a process that is not
charged with violent crimes in adult court? very transparent.
Nationally, data show that young adult Baltimore, unlike Pittsburgh, has not studied
offenders account for a significant level of juvenile violence in such a thorough and
violent crime, and many “age out” of offending longitudinal fashion, and so we know very
once they turn 25. Data from the FBI’s Uniform little about the trajectories of local youth
Crime Reports and National Institute of Justice charged with violent acts. In an effort to
studies have documented that the prevalence better understand the facts about juvenile
of offending tends to increase from late violent crime, arrests, and case outcomes, the
childhood, peak in the teenage years (from 15 Abell Foundation has obtained and analyzed
to 19), and then decline in the early 20s. This available data related to juvenile violent crime
bell-shaped age trend is known as the age- in Baltimore City.
crime curve.1
These data come from the Department of
Continuity of offending from the juvenile Juvenile Services’ Data Resource Guide and
into the adult years is higher for individuals its research division, the Baltimore Police
who start offending at an early age (12 years Department, and the Maryland Judiciary Case
old), are chronic delinquents, or are violent Search database.3 There are differences in the
offenders.2 The Pittsburgh Youth Study, data reported from each source due to several
supported by the Office of Juvenile Justice factors. First, some of the data are collected
and Delinquency Prevention, is a longitudinal and reported on a calendar year, while other
study that followed three cohorts of boys who data are reported on a fiscal year basis.
were in the first, fourth, and seventh grades Second, cases that have been expunged do not
when the study began in 1987. The study appear in the Judiciary Case Search database.
documented the development of antisocial, Because the Office of the Public Defender
delinquent, and criminal behavior from routinely files for expungement in eligible
childhood to early adulthood. It found that 52 cases, these data likely present an undercount
to 57 percent of juveniles found delinquent of both cases transferred back to the juvenile
continued to offend up to age 25. This court and cases that have been nol prossed,
number dropped by two-thirds—to 16 to 19 or dismissed. Nol-pros is an abbreviation for
percent—between the ages of 25 and 30 for nolle prosequi—a Latin phrase meaning “will
all offense types. no longer prosecute”—which amounts to a
dismissal of charges by the prosecution.
12,430
11,010
8,789 8,725 8,346 9,542
Baltimore City Crimes Reported 1990-2017 via UCR and Google Population (accessed January 2018)
Over the last five years, the clearance rate for violent crimes in Baltimore City has fallen
dramatically, from 47.6 percent in 2012 to 22.5 percent in 2017.
47%
42%
37%
38% 33%
28%
28%
18%
14%
9% 9% 9%
5% 4% 4%
As Figure 5 details, overall juvenile arrests have decreased by 46 percent between 2012 and 2017. Data
from the first four months of 2018 show a decline of 62 percent from the first four months of 2012.
5,000
4,436
4,500
3,938
4,000
3,485
3,500
3,000
2,464
2,500 2,379
2,136
2,000
1,524
1,500 1,304
1,148
866 889
1,000 777
583
500
0
2012 2013 2014 2015 2016 2017 2018
The number of youth arrested and charged with crimes plummeted between 2012 and 2017, but
the number of youth arrested and charged with crimes of violence increased both in number and
as a percentage of the total number of juvenile arrests.
3,390
2,490
2,217
871
759 642 683
550 620
First-degree rape x x
Abduction/kidnapping x
First-degree assault x
3. What happens to cases where the adult record was expunged are not
juveniles are charged as adults for included in these data.
committing violent crimes?
• Two judges were responsible for a
Youth who are charged as adults may remain majority of adult court youth transfers
in the adult court system or have their cases back to juvenile court. One judge
transferred back to juvenile court. However, granted transfers in 100 percent of
state law explicitly prohibits the transfer back requests, and the other, 93 percent. In
of first-degree murder cases. contrast, another judge denied transfer
requests in 95 percent of cases he
Almost all juveniles charged as adults were handled. (See Figure 8.)
detained pretrial/pre-plea. The length of
pretrial detention varies based on whether • For juvenile cases that remained in
a transfer hearing is requested, a plea is adult court, 43 percent resulted in
negotiated, or the case goes to trial. In conviction, probation, jail time, time
fiscal year 2017, juveniles who requested a served, or another sentence. Forty-six
transfer hearing were detained an average of percent were nol prossed (dropped
139 days prior to the hearing. However, the by prosecutors), stet, or dismissed; 5
average wait time for transfer hearing was percent were found not guilty. (See
purportedly much higher for a portion of 2017. Figure 9.)
The Department of Juvenile Services’ Case
• Of the 265 cases that resulted in
Processing Study (October 2017) reported the
conviction, 27 percent (71 cases) were
mean wait time to be 180 days.
sentenced to jail time in excess of the
Findings: time served pretrial (12 percent of
the total cases that remained in adult
• The percentage of juvenile cases court). The other 73 percent resulted in
charged in adult court for serious suspended sentences and probation (32
crimes that were transferred back to percent of the total cases that remained
the juvenile court has increased—from in adult court). Of the cases that resulted
19 percent in 2013 to 67 percent in in suspended sentences and probation,
2017. (See Figure 7.) 34 percent ultimately resulted in jail time
• Between 2012 and 2017, there were due to probation violations where the
1,069 cases where juveniles were court imposed the remaining portion of
charged as adults, with 43 percent the suspended sentence.
of these cases eventually transferred • Thus, only 12 percent of all juveniles
back to juvenile court. Over the past who had their cases resolved in adult
several years, both the number and court received a sentence of jail time
percentage of transferred cases have in excess of their time served pretrial.
significantly increased. It is important However, 22 percent of all juveniles who
to note that when transfer to juvenile had their cases resolved in adult court
court is granted, the adult criminal ended up serving jail time in excess of
records are eligible for expungement their time served pretrial because of
(Criminal Procedure § 4-202). Therefore, probation violations after sentencing.
cases where transfer was granted and
11
121
97
90
59 58
31
Baltimore City Cases of Juveniles Charged as Adults 2012-2017 via Maryland Case Search
164
152
131
87 87
65
37
35
30 31
28
25 24 22 24
20
16 14
11 8
8 6
0 0 0 0
Baltimore City Cases of Juveniles Charged as Adults and Transferred Back by Select Judge 2012-2017 via Maryland Case Search
13
Baltimore City Sentencing Outcomes, Juveniles Charged as Adults and Kept in Adult Court 2012-2017 via Maryland Case Search
• Of the 124 cases that were transferred • Juvenile court can only retain jurisdiction
back to juvenile court in fiscal year over youth until they reach the age of 21.
2017, 49.2 percent (61 youth) resulted Once they reach the age of 21, these youth
in commitment to the Department of are no longer subject to confinement or
Juvenile Services, 27.4 percent received probation regardless of offense.
probation, and 23.4 percent were
Conclusion Endnotes
While there has been an increase in the 1 NIJ, From Juvenile Delinquency to
number of juveniles charged as adults for Young Adult Offending, March 2014.
serious crimes, the number of these cases
2 Some of the Maryland Judiciary
remains relatively small—less than 10 percent
Case Search data in this report
of all juvenile arrests. While most of these was obtained from CLUE database
cases result in pretrial confinement of four created by the Maryland Volunteer
months or more, most are transferred back Lawyers Service. CLUE was created
to juvenile court and less than half of cases to scrape data from Maryland
retained in adult court result in conviction. Judiciary Case Search and is
Less than a quarter of these cases result designed to be used in a relational
in jail time in excess of time served. Case database system like SQL. Not all
outcomes—ranging from transfer decisions cases may be included in the data
to sentencing—are strongly influenced by the set. For example, expunged cases
are removed from case search and
specific judge hearing the case.
no longer appear in CLUE.
Data related to juvenile violence is difficult
3 Loeber, R., Farrington, D.P.,
to obtain, and there is a lack of transparency
Stouthamer- Loeber, M., Moffitt,
regarding case outcomes and sentencing.
T., and Caspi, A. 1998. The
Although the Baltimore Police Department development of male offending: Key
collects juvenile arrest data, the Departmentof findings from the first decade of the
Juvenile Services is the only agency that Pittsburgh Youth Study. Studies in
publishes aggregate data about the juvenile Crime and Crime Prevention.
justice system. The Office of the State’s
4 Baltimore Police Department,
Attorney and the juvenile court do not collect
Juvenile Booking Unit, calendar
or publish data on juvenile cases.
year arrests and referrals for
To better understand the level of juvenile adult charges.
violence in Baltimore, it would be helpful to
5 The Department of Juvenile
have access to aggregate sentencing and Services provides aggregate
recidivism data for youth charged with violent annual data on probation
crimes and anonymous case-level data for violations and commitments.
cases transferred to the juvenile court. These
types of data would not only shed more light
on the nature of the problem, but also aid in
the construction of potential solutions.
The