Every young person in Wisconsin deserves the opportunity to get an education, grow up in safe communities, and realize their potential. However, due to systemic racism and injustice, youth of color are over-represented within the criminal legal system—from policing to courts to incarceration. The interplay of the historical and systemic harm of racism, implicit bias, and inequitable resources blocks communities of color from opportunity and drives these racial disparities.
These compounded challenges can feel daunting.
But, we can take a critical step in the right direction – by raising the age at which young people are treated as adults in the criminal justice system from 17 to 18.
History
Under 1995 Wisconsin Act 77, general jurisdiction of the juvenile court was lowered from age 17 to 16, sending ALL 17-year-olds to adult courts in Wisconsin. This change made our state one of 14 to exclude 17-year-olds from juvenile courts. In the years since, 11 of those 14 states (shown in dark gray below) joined most of the country to include 17-year-olds in their youth justice system.
Along with Texas & Georgia, Wisconsin is 1 of just 3 states (in orange, below) that still treats 17-year-olds as adults in the criminal justice system.
Why Raise the Age in Wisconsin?
Current Science
Current neuroscience indicates that adolescent brains continue developing into their twenties and are unable to accurately perceive risks.
Recidivism
The Justice Policy Institute’s research shows that treating 17-year-olds in the juvenile system has been show to significantly reduce recidivism, increases public safety, and improves outcomes for justice-involved youth. Treating 17 years in the juvenile justice system also increases access to age-appropriate treatment and services, which can in turn support a reduction in recidivism.
Risk of Sexual Abuse
Juveniles confined in adult facilities face grave dangers to their safety and well-being, including significantly higher rates of physical assault, sexual abuse, and suicide than their counterparts in juvenile facilities.
Fiscally Responsible
Raising the age is more fiscally responsible than adult confinement and even increases the chance of high school graduation and job attainment. Because 17-year-olds in the juvenile system are more likely to avoid reincarceration and receive a high school diploma, they are more likely to have steady, higher-paying jobs that add to a state’s tax base.
Current policy
17-year-olds are automatically tried in the adult criminal justice system.*
Future policy
17-year-olds are automatically tried in the youth justice system.*
*Children can still be waived to adult court for serious offenses, including violent crimes and repeat offenses.
Take Action
We’re calling on lawmakers in Wisconsin to Raise the Age from 17 to 18. Find your legislator at the link below and ask them to raise the age at which young people are treated as adults from 17 to 18.
Raise the Age Wisconsin
Kids Forward is a proud coalition member of Raise the Age – Wisconsin. This broad coalition is dedicated to bringing 17-year-old youth back to their rightful place in the juvenile court system and eliminating, as opposed to exacerbating, any disparities across Wisconsin’s juvenile justice system.
[1] Teigen, A. (2021, April 4). Juvenile Age of Jurisdiction and Transfer to Adult Court Laws. National Conference of State Legislatures.
