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.
In this paper I am going to discuss the three primary mechanisms of waiver to adult court: judicial waiver laws, statutory exclusion laws, and prosecutorial discretion or concurrent jurisdiction laws. Furthermore, I will discuss the strengths and weaknesses of each type of mechanism that waives juveniles over to the adult court system. Finally, I will conclude by discussing the different mechanisms and how effective they are in relation to the principles and ideals that the juvenile justice system represent. According to Griffin (2008) ever since the beginning the juvenile court system judges were able to designate cases that met certain criteria to criminal court. This process is described as the “jurisdictional transfer”.
This paper will first define culpability, explore its various levels and examine how it is used during sentencing. Next, this paper will examine literature that supports the belief that age is not the key factor in determining culpability and should not be used to determine guilt or innocence during trial. Finally, this paper will suggest that trying juveniles as adults and remanding them into adult facilities is ineffective at decreasing juvenile crime rates. These issues will be reviewed to determine if physical (chronological) age is a justifiable cause to lessen culpability or an excuse used to mask the ineffective research efforts of lawmakers. Culpability has long been defined as a legal term that is used by judicial officials to describe the level of responsibility each person has for a crime Giedd et al (1999).
OJJDP: Juvenile offenders and victims, 1999 National Report. (n.d), National Report. Retrieved November 19, 2013, from http://www.ncjrs.gov/html/ojjdp/nationalreport99 Onwediwe, I. (2004). “Theoretical Perspectives on Juvenile Delinquency: Root Causes and Control.” ProQuest Criminal Justice, 66, 153-156.
According to Mack (1909) the focus of the juvenile justice system has shifted from “how can we help the child”, “why did the child commit the crime” to “was the crime committed”. According to Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. The prerequisites for transfer to adult court are the duty to protect the public from violent youths, serious crime, and the lack of rehabilitation chance from the juvenile court. According to Flesch (2004) many jurisdictions handle the issue of serious juvenile crime by charging juveniles as adults. Charging a juvenile as an adult is done by a method which is called waiver to adult court.
Podgor, E.. (2007). The Challenge of White Collar Sentencing. Journal of Criminal Law & Criminology, 97(3), 731-759. Retrieved April 19, 2012, from ProQuest Criminal Justice. (Document ID: 1392880651).
Lexington, KY: Weston. Zalman, M., Larson, M., & Smith, B. (2012). Citizen's Attitudes Towards Wrongful Convictions. Criminal Justice Review, 37, 51-69.
Juveniles Being Tried As Adults Jennifer Combs University of Mount Olive Steven N. Long, J.D. Abstract Juveniles Being Tried As Adults Numerous studies have been conducted with juvenile crimes and the outcomes from what happens after they have been put into criminal court. Legal procedures and laws that relate to juvenile offenders go back thousands of years when children disobeyed their parents, and sons would curse their fathers. The Roman civil law and canon law 2,000 years ago distinguished juveniles and adults based upon the idea of “age of responsibility”. The Moslem law also believed in leniency in punishing youthful offenders and children under the age of 17 be exempt from the death penalty.
White, Rob and Perrone, Santina. 2010. “Incarceration and Prisonisation.” In Crime, Criminality & Criminal Justice, edited by Bill Gillespie, 475-509. Victoria: Oxford University Press.
A crime is a crime and for that reason Juveniles who commit violent crimes should be tried in the same way as adults. If minors who commit violent crimes were tried as adults and punished as adults, the number of violent crimes committed by youths would decline in my opinion. Consequently, in the future the number of violent crimes in general would decline as firmer penalties and punishments would be used to keep violent offenders in prison for longer sentences. Violent crimes can be defined as murder, rape, armed robbery, aggravated assault, larceny-theft and the like depending on state law (pbs.org). According to statistics the number of violent crimes committed by people under... ... middle of paper ... ... 29, 1998): C01.