WAIVER TO ADULT COURTS IMPACT FOR JUVENILE OFFENDERS

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The focus of the juvenile justice system is to rehabilitate juvenile offenders, rather than to imprison and punish like the systems adult counterpart. According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. This has lead to the development of a separate justice system for juveniles that was initially designed to assist troubled juveniles providing them with protection, treatment, and guidance. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration. 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. This waiver allows adult criminal court to have the power to exercise jurisdiction over juveniles and handle the juvenile’s case as an adult’s case would be tried. According to Flesch (2004) a juvenile is both tried and if convicted of the crime the juvenile will be sentenced as an adult when his or her case is waived from the juvenile court. Waiver to adult court initially was viewe... ... middle of paper ... ... Critical Next Steps in Assessing the Impact of Laws for transferring Juveniles to the Criminal Justice System. Youth Violence and Juvenile Justice 1(2), 156-169. Myers, D.L. (2003). The Recidivism of Violent Youth in Juvenile and Adult Court: A Consideration of Selection Bias. Youth Violence and Juvenile Justice 1, 79-101. Redding, R. Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention. (2010). Juvenile Transfer Laws: An Effective Deterrent to Delinquency (NCJ 220595). Retrieved from website: https://www.ncjrs.gov/pdffiles1/ojjdp/220595.pdf Stoodley, B. (2010) To Measure or Not to Measure? The “Recidivism Dilemma”. Corrections Today 72(4), 86-87. Winner, L., Lanza-Kaduce, L., Bishop, D., & Frazier C.E. (1997) The transfer of Juveniles to Criminal Court: Reexamining Recidivism over the Long Term. Crime & Delinquency 43(4), 548-563.

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