Does Speed Matter? The Association Between Case Processing Time in Juvenile Court and Rearrest

• DOI: 10.1177/08874034211035500
• Date: 01 April 2022
• Author: Elizabeth Hartsell,Abigail Novak
• Published date: 01 April 2022
• Subject Matter: Articles

https://doi.org/10.1177/08874034211035500

Criminal Justice Policy Review

2022, Vol. 33(3) 317 –343

© The Author(s) 2021

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DOI: 10.1177/08874034211035500

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Article

Does Speed Matter?

The Association Between

Case Processing Time

in Juvenile Court and

Rearrest

Abigail Novak1 and Elizabeth Hartsell2

Abstract

The present study assessed the relationship between case processing time and

rearrest among a sample of first-time juvenile offenders referred to the Florida

juvenile justice system and examined the extent to which this association varied by

youth and case characteristics. Propensity score analyses suggested youth with longer

case processing times had higher odds of being rearrested within 1 year compared to

youth with shorter case processing times. Subgroup analyses suggested differences in

the effects of case processing time by youth and case-level characteristics. According

to results, policymakers should prioritize implementing and enforcing case processing

time restrictions in their jurisdictions, particularly for detained youth and remain

aware of the potential ensnaring implications of longer case processing times to

reduce rearrest rates for first-time juvenile offenders.

Keywords

juvenile justice, case processing time, courts, arrest

Juvenile defendants in the American criminal justice system have the right to a speedy

trial, but juveniles in the American juvenile justice system do not, leaving juvenile

case processing time largely unregulated and inconsistent across jurisdictions (Butts

et al., 2009). Broadly, case processing time refers to the length of time between referral

1The University of Mississippi, University, MS, USA

2University of Florida, Gainesville, FL, USA

Corresponding Author:

Abigail Novak, Department of Criminal Justice and Legal Studies, The University of Mississippi, 303

Hedleston Hall, University, MS 38677, USA.

Email: anovak@olemiss.edu

1035500CJPXXX10.1177/08874034211035500Criminal Justice Policy ReviewNovak and Hartsell

research-article2021

318 Criminal Justice Policy Review 33(3)

and disposition (Butts et al., 2009) but may also describe the length of time between

arrest and adjudication, time between adjudication and disposition, and several other

time divisions (Mahoney, 1985). Case processing times are generally found to be

shorter in juvenile court than adult court (Jordan & Myers, 2011; Myers, 2003), and

research indicates case processing time in the juvenile justice system has decreased in

recent years, independent of changes in juvenile court caseloads (Butts et al., 2009).

The American Bar Association (ABA) recommends case processing time from refer-

ral to disposition be no longer than 30 days for detained youth and no more than 60 days

for released youth (Butts, 1997). Nearly all states have some form of time standards for

case processing in juvenile courts with wide variation in length and strictness by state

(Butts et al., 2009). Although helpful, these guidelines often implicitly assume that case

processing time has no effect on recidivism or assume shorter case processing times are

beneficial to youth outcomes, particularly among detained youth. Although previous

research on adolescent development and criminological theory suggests shorter case

processing times may be more beneficial for youth (Butts et al., 2009), qualitative

research indicates longer case processing times may reflect judicial attempts to avoid

formal adjudication (Barrett, 2013; Kupchik, 2006) and individualize the sanctioning

process (Pennington, 2018). Quantitative studies on the juvenile justice system examin-

ing the association between case processing time and outcomes are limited, leaving

questions about the effects of case processing time on rearrest unresolved and the

assumptions underlying policies restricting case processing time untested. Given the

limited literature on this topic, this exploratory study aims to begin addressing gaps in

the literature by examining the effects of case processing time on arrest and differences

in this relationship by youth and case-level characteristics.

Theoretical Framework

In the American criminal court system, the right to a speedy trial is guaranteed by the

sixth amendment, to “prevent undue pretrial incarceration, minimize anxiety accom-

panying public accusation, and limit the possibility that a long delay will impair the

ability of an accused to defend himself” (Rudstein, 1975, p. 11, see United States v.

Ewell, 1966). In practice, delays in case processing time often disrupt the swift deliv-

ery of sanctions (Butts, 1996, 1997). According to deterrence theory, sanctions should

be delivered swiftly, be appropriately severe, and must be certain (Nagin, 2013).

Deterrence research suggests the speed of punishment is related to its impact on crimi-

nal behavior for adults and juveniles (Butts et al., 2009), but celerity is an underexam-

ined aspect of deterrence theory (Nagin, 2013; Nagin & Pogarsky, 2001; Pratt &

Turanovic, 2018). Studies find celerity itself is generally not associated with reoffend-

ing after accounting for punishment certainty and severity (Nagin & Pogarsky, 2001;

Yu, 1994).

Delay in the juvenile justice system is thought to have more serious consequences

than delay in the adult justice system due to the unique developmental status of youth

(Butts & Halemba, 1996). In courts with longer case processing times, adolescents

may be adjudicated delinquent and given a disposition for acts committed many