California Moves Closer to Eradicating Direct File

In California, ongoing efforts backed by Gov. Jerry Brown have inched the state that much closer to eradicating the direct filing of youth into the adult justice system. Direct filing, a practice that allows prosecutors to determine whether to charge a youth in adult criminal court, has resulted in the incarceration of thousands of youth serving lengthy sentences.

A new report by the W. Haywood Burns Institute suggests that direct filing is a worsening problem in the state. Despite decreased youth crime rates, California prosecutors are increasingly using direct file. The inconsistency is apparent: there has been a 55 percent drop in felony arrests from 2003 to 2014, but 23 percent more direct files during the same timeframe. Currently, direct filing is responsible for 80 percent of youth prosecuted in the adult system. Juvenile court judges can also waive youth into the adult system, and there are certain crimes that are statutorily excluded from juvenile court jurisdiction that, by law, originate in criminal court.

The Burns Institute’s report also points out growing racial disparities with direct file. Direct files for white youth are actually declining, while direct files for youth of color are rising. In 2003, youth of color were 4.3 times as likely as white youth to be directly filed, but by 2014, that likelihood had risen to 11.3 times as likely.

The report also includes the evidence of psycho-emotional trauma experienced by youth who are subjected to the adult system. This trauma, caused primarily by intense stress associated with higher stakes prosecution, is found to increase recidivism rates among these youth.

This report comes in the wake of a California Supreme Court decision in favor of a ballot measure that would let voters decide whether a judge can determine if youth are processed through the juvenile or adult court, rather than a prosecutor. The ballot initiative is just part of a series of measures proposed by Brown.

Advocates and paid signature gatherers have collected more than a million signatures in support of the ballot initiative—tens of thousands more than needed. The signatures should be certified by the end of the month, which is the final step to getting the direct file reform discussion on the ballot in California this November.