Kids as Young as 16 Tried as Adults — And Most Aren’t White

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Kids as Young as 16 Tried as Adults — And Most Aren’t White

According to an investigation by InvestigateWest, the overwhelming majority of children charged as adults in Washington state are youth of color—raising serious concerns about systemic bias in the justice system.

Despite reforms meant to reduce how often minors are prosecuted in adult court, the disparities haven’t gone away. In fact, they’ve become more concentrated.

The Numbers Tell the Story

In 2023, more than 80% of children charged as adults in Washington were not white.

That statistic comes after a 2018 law intended to limit the number of youth transferred into the adult system. While the total number of cases has dropped significantly, the racial imbalance has persisted—and, in some ways, worsened.

As one lawmaker put it: “All that’s left are youth of color.”

Disparities at Every Step

Research consistently shows that Black, Native American, and Latino youth in Washington are more likely to be:

  • Charged as adults
  • Given harsher sentences
  • Left with permanent criminal records

Even in similar cases, outcomes differ sharply. In one study, white youth facing serious assault charges were never transferred to adult court—while a significant percentage of similar cases involving Black and Latino youth were.

Researchers concluded these disparities are not random—they point to systemic bias embedded in decision-making processes.

The Hidden Factor: Prosecutor Discretion

Part of the issue lies in discretion.

While some crimes automatically qualify for adult charges, many decisions are left to prosecutors—and that’s where disparities can widen.

Advocates describe this as a “black box,” where choices about who gets charged as an adult aren’t fully transparent, yet consistently produce racially uneven outcomes.

The Lasting Consequences

Being charged as an adult doesn’t just mean a harsher sentence—it can shape a child’s entire future.

Unlike juvenile cases, adult convictions are public. That means:

  • Employers can see them
  • Schools can access them
  • Housing opportunities can be limited

And research shows something even more troubling: kids tried as adults are actually more likely to reoffend, not less.

Trauma Behind the Charges

Many of these children are not just defendants—they’re victims themselves.

Reports show that the vast majority of youth charged as adults have experienced significant trauma, including physical abuse, emotional abuse, and, in many cases, sexual exploitation at very young ages.

For Native American youth in particular, the rates of trauma are even higher—reflecting deeper systemic issues tied to poverty, family separation, and historical inequities.

A System That Sees Kids Differently

Experts say one of the driving forces behind these disparities is something called “adultification bias”—the tendency to perceive children of color as older, less innocent, and more dangerous than their white peers.

That perception can influence everything from how police treat a child to how prosecutors charge them—and how judges sentence them.

The Bottom Line

Washington has taken steps to reduce the number of children tried as adults. But the data makes one thing clear:

The system didn’t become fair—it just became smaller.

And for the kids still being pushed into adult court, the burden continues to fall overwhelmingly on youth of color.

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