Forty-six states allow for most 17-year-olds charged with crimes to be tried through their juvenile courts. Only Wisconsin, along with Georgia, Louisiana and Texas, send all 17-year-olds charged with a criminal offense into the adult system. In addition, nearly every state requires that a child be 14 years old or older to be eligible for waiver to adult court for any crime. Under Wisconsin Statute 928.183, children as young as 10 years old who are charged with homicide are automatically sent to adult court. Defense Attorneys can request a trial in juvenile court if the minor is sixteen or under, but they must convince the Judge that this is in the best interest of the child. Wisconsin’s current policy of sending all 17-years olds facing criminal charges, and children as young as ten when charged with the most serious crimes, into the adult system:

• Disregards current research on adolescent brain development and developmental psychology. Studies consistently show that adolescents are impulsive and frequently fail to consider the risks and consequences of their actions. These studies also show that nearly all youth mature and age out of crime, especially when provided with age-appropriate interventions. 
• Jeopardizes the health and safety of incarcerated youth. Young people in the adult prison system are more likely to be sexually and physically abused and are up to 36 times more likely to commit suicide than their adult counterparts. 
• Lessens public safety. Controlling for the type of offense charged, the federal Centers for Disease Control (CDC) found that the recidivism rate of youth tried in juvenile courts is 34% less than that of youth tried in adult courts. The CDC also found that youth transferred to the adult system were 39% more likely to be re-arrested for a violent offense than those who stayed in the juvenile system. 
• Ignores the preferences of most voters and the professed purpose of its juvenile justice system. A 2021 Badger Institute poll found that 86% of Wisconsin voters agree that “the main goal of our criminal justice system should be rehabilitating people to become productive, law-abiding citizens,” which is the stated purpose of the juvenile justice system. As Wisconsin Statute 938.01 (2) states: “It is the intent of the legislation to promote a juvenile justice system that will protect the community, impose accountability, and equip juvenile offenders with competencies to live responsibly and productively.” 

For these reasons, we, the undersigned, call upon the Wisconsin state legislature and the state’s governor to enact and implement Raise the Age legislation that will ensure that all youth under the age of 18 are served through the juvenile justice system. 

Felmers Chaney Advocacy Board

MICAH Transformational Justice Task Force

Wisconsin Justice Initiative

The Sentencing Project

Breaking the Chains Church