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 Juvenile Justice Reform Initiative of 1994-1996 warranted juvenile transfers into criminal courts so long as the appropriate papers and waivers were filed with the courts. With vary types of waivers to support reasonable transfers of juveniles into criminal courts, the most common are the judicial waiver; this waiver “gives juvenile court judge’s discretion to waive juvenile cases to adult criminal court.” (OJJDP.gov, unlisted) The stipulation in which must be met for the successful and warranted use of transfer waivers of any kind is the state “bearing the burden of proof to show that a juvenile should be transferred to adult court.” (OJJDP.gov, unlisted) In addition to the state being required in most cases to provide proof that the juvenile should be transferred into an adult court are the provisions of age and type of offense, juveniles charged with any type of felony charges, the seriousness of the offense, and the juveniles “sophistication, maturity, record, and previous history; and the reasonable likelihood of rehabilitation.” (OJJDP.gov, unlisted).
One of the most lasting and damaging repercussions resulting from any felony is the loss that the victim's family must endure. The authorities do not properly mete out justice until the criminal pays the price for what they have done. However, according to the Juvenile Delinquency Prevention and the Control Act which Congress passed in 1968, all states are required to not house juvenile offenders in the same facility with adults, and minors must not be punished like adults, but instead rehabilitated. Furthermore, the Juvenile Justice and Delinquency Prevention Act in 1974 legitimized the Constitutional Rights and additional protection for youths while ...
Criminal and Juvenile system can be complex for many people who do not understand how the system can work. Juvenile Justice would be concentered an important aspect to the American system. The system is in place to ensure or deter delinquencies from entering the adult structure. This paper examines the criminal justice system throughout history, juvenile versus criminal system, transition from juvenile to criminal justice, and the effectiveness of the justice system.
The juvenile delinquency term has come to imply disgrace in today's society. An underage offender can be labeled a delinquent for breaking any number of laws, ranging from robbery to running away from home. To help better understand the rights that a juvenile is entitled to, the following situations faced by the criminal justice system when dealing with juvenile detainees will be examined. The two main areas of discussion include; juvenile’s rights at time of arrest and additional protections afforded to the juvenile. These areas will be briefly analyzed to give adequate explanation of the issue and whether additional protections serve the purposes of criminal and social justice.
OJJDP. (n.d.). Trying Juveniles as Adults in Criminal Court: An Analysis of State Transfer Provisions. Trying Juveniles as Adults in Criminal Court: An Analysis of State Transfer Provisions. Retrieved April 10, 2014, from http://www.ojjdp.gov/pubs/tryingjuvasadult/appendix.html
When juveniles commit crimes, it is critical that society finds a successful way to divert their criminal actions into good behavior. The main purpose of this essay is to find the different outlets the juvenile justice system is using to rehabilitate juveniles, how well those strategies are working, and personal suggestions for improvement that might result in a more effective juvenile justice system.
Klein Eric, JD at Georgetown University Center of Law, Dennis the Menace or Billy the Kid: An Analysis of the Role of Transfer to Criminal Court in Juvenile Justice, American Criminal Law Review, winter 1998, p.ln//gp3
Lanza-Kaduce, L., Frazier, C.E., Bishop, D.M., (2002). Juvenile Transfer to Criminal Court Study: Final Report. Florida Department of Juvenile Justice Prison Policy Initiative, 8 January 2002.