Arguments For and against Waiver

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The process of transferring juveniles to adult courts has shown no effects on decreasing recidivism or a deterrent outcome. Waiver as it is known has three means by which a juvenile can be transferred to an adult court. Judicial waiver offenses, statutory exclusions, and concurrent jurisdiction are the three methods in which a waiver can occur. This research will describe each one of these methods with detail. It will also provide statistical facts showing why waiver can be a very debatable topic within the juvenile criminal justice system. In its totality it will discuss the arguments for and against waiver.

The age of the offender determines whether they meet the requirements for a judicial waiver offense. With that said not every state offers all three of the methods a juvenile can qualify for a waiver. In the process of judicial waiver offense the judge takes the final decision on waiving a case. There are other factors that affect the judge’s final decision. Aspects like the criminal history of the offender or the severity of the crime are crucial for the waiver to take place.

Statutory Exclusion is when certain offenses are barred. By 1997, 28 states had statutory exclusions (Juvenile "waiver" (transfer to adult court)). Offenses commonly excluded are first degree murder, or any other felony. Similar to Judicial waiver age too play an important role in determining if the juvenile offender can be tried as an adult. In this mechanism it is not the judge who decides but the prosecutor. Once the prosecutor has made the decision to charge a juvenile with an excluded offense, the case must be filed in criminal court (Statutory Exclusion, 2008).

A more complex method of waiver is the concurrent jurisdictio...

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...Like Adults Make a Difference?: http://www.pbs.org/wgbh

Juvenile Justice Reforms in the United States. (n.d.). Retrieved September 20, 2011, from Juvenile Transfer to Criminal Courts: http://www.ojjdp.gov

Males, M. and D. Macallair (2000). “ The Color of Justice: An Analysis of Juvenile Justice

Adult Court Transfers in California.” Washington, DC: Justice Policy Institute, January.

Olson, J. K. (2005, May). Waiver of Juvniles To Criminal Courts. Retrieved September 20, 2011, from Judicial Discretion and Racial Disparity: http://www.cjcj.org/files/waiver_of.pdf

Reverse Waiver. (1998, December). Retrieved September 20, 2011, from Trying Juveniles as Adults in Criminal Courts: http://www.ojjdp.gov/pubs/tryingjuvasadult/transfer4.html

Statutory Exclusion. (2008, December). Retrieved September 2011, from http://www.ojjdp.gov/pubs/tryingjuvasadult/transfer3.html

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