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Ethical Analysis of Juvenile Waivers

" [Off11] This type of waiver relies mainly on the judge presiding over the case and must meet certain criteria. "Almost every state has statutory judicial waiver provisions which grant juvenile judges the authority to transfer juvenile offenders Depending on the state, this authority is granted with varying degrees of flexibility. In some cases, the decision to transfer is left entirely to the judge's discretion. In others, there is a presumption in favor of transfer which can be rebutted by the child's attorney. In some, transfer is mandatory once the judge determines that certain criteria have been met. "[PBS95] .
             The automatic or "statutory exclusion"" waivers are when laws grant criminal courts exclusive jurisdiction over certain classes of cases involving juvenile-age offenders. If a case falls within a statutory exclusion category, it must be filed originally in criminal court. " [Off11] This means that there is certain criterion that the case meets which excludes it from being held in the juvenile system. "An increasing number [of states] exclude by statute certain serious or violent crimes from juvenile court jurisdiction, providing the offender meets a minimum age requirement. This effectively mandates the transfer of juveniles who commit those offenses to adult criminal court. Many states also exclude repeat juvenile offenders from the juvenile system. " [PBS95] In many states there are upper and lower age requirements for being transferred. In most states the oldest a juvenile can be to stay within the juvenile system is seventeen years of age. A handful of states lower that age to sixteen, and only three states lowered it to fifteen. The following chart depicts the youngest possible age at which a juvenile offender can be transferred to criminal court. As seen on the chart, some states do not even put a minimum age on transfers. Some states put minimums for certain offenses, some for the more violent offenses such as murder.


Essays Related to Ethical Analysis of Juvenile Waivers

1. Waivers & Blended Sentancing

Waivers There are 4 different types of waiver actions in the juvenile systems. Depending on the case, different waivers are used in the juvenile system. ... Judicial or discretionary waivers transfers juveniles to criminal courts by judges, at their discretion or in their judgment. ... Demand waiver actions are requests or motions filed by juveniles and their attorneys to have their cases transferred from juvenile courts to criminal courts. There is also something called a presumptive waiver provision which is a judicial waiver in which the burden of proof shifts from the state to the juv...

  • Word Count: 796
  • Approx Pages: 3

2. The Juvenile Justice System

This paper examines juvenile and criminal justice policies and practices with respect to young offenders who cross over from the juvenile to the criminal justice system. ... Large numbers of juvenile offenders were removed from the juvenile justice system and placed in the criminal justice system. ... The period of overreaction to juvenile crime appears to be ending. ... Juvenile legal codes designated larger proportions of juveniles as serious and violent offenders and courts incarcerated more juveniles in detention centers and juvenile reformatories. ... Ideally, arrest alone should have a d...

  • Word Count: 2448
  • Approx Pages: 10
  • Has Bibliography
  • Grade Level: Undergraduate

3. Juvenile Justice

There are three different ways to pull a youth from juvenile jurisdiction: judicial waiver, prosecutorial waiver, and legislative waiver (Myers, 21). In judicial waiver, the juvenile court judge has to make the key decisions in the transfer process (Myers, 21). ... There are several factors a judge has to consider when considering a judicial waiver. ... Prosecutorial waiver, sometimes called concurrent jurisdiction, allows a prosecutor to file in either juvenile or adult court. ... Even those states that allow prosecutorial waivers, if the judge sees it to be necessary can issue a reverse wa...

  • Word Count: 1444
  • Approx Pages: 6
  • Has Bibliography

4. Juveniles and the Death Penalty

United States, in which it limited the waiver discretion of juvenile courts, in 1966. ... However, waiver decisions were not consistent across States, and legislatures began to reform the process by standardizing judicial decision-making. Kent held that juveniles were entitled to a hearing, representation by counsel, access to information upon which the waiver decision was based, and a statement of reasons justifying the waiver decision. ... Applying the standard eighth amendment analysis, Justices Stevens, Brennan, Marshall, and Blackmun agreed that the execution would constitute cruel and u...

  • Word Count: 2175
  • Approx Pages: 9
  • Has Bibliography
  • Grade Level: Undergraduate

5. Trial Review: Kent Versus the United States

Here is an analysis of the background, arguments, and outcome of the Kent V. ... He then filed a motion, questioning the waiver as well as asking for access to the Juvenile's court service file. ... Because of this, and the case's complications, it was passed on to the Supreme Court "Recognizing the need to accord juveniles due process protection in waiver proceedings, the Supreme Court set constitutional standards for valid waiver orders in Kent v. ... State illustrate, juveniles facing waiver who are amenable to rehabilitation may face waiver simply because the juvenile court ...

  • Word Count: 959
  • Approx Pages: 4
  • Has Bibliography
  • Grade Level: High School

6. Juveniles Given Adult Sentences

The American juvenile justice system does not offer fair judgment when sentencing juvenile offenders to life sentences without parole. ... When dealing with juveniles, we need to ask ourselves what are the benefits of abolishing life sentences without parole? ... Using cost-benefit analysis he found that not only were the "reforms that emphasize leniency and rehabilitation...justified economically," but also "they were valued by respondents who expressed a willingness to fund them over harsher incarceration options" (Harbeck, 2015). ... (Lamberti, 2015) To give a juvenile offender th...

  • Word Count: 1701
  • Approx Pages: 7
  • Has Bibliography
  • Grade Level: Undergraduate

7. California and the Juvenile Crime Initiative

According to U.S Department of Justice (1994-1996), several states have, or will be, revamping their juvenile justice system to better address juvenile crime issues. ... Juveniles commit many of these homicides. ... Proposition 21 provides a legislative waiver" in which the juvenile court has no jurisdiction over certain crimes committed by a minor. ... Confidentiality/Juvenile Records Prior to the passage of proposition 21, juveniles tried in the juvenile court were afforded the benefit of confidentiality. ... Public Access to Juvenile Court Proceedings Prior to the passage of proposition 21,...

  • Word Count: 2063
  • Approx Pages: 8
  • Grade Level: Undergraduate

8. How the Visa Waiver Affects the U.S. Government

The Visa Waiver program is one way the government is attempting to do just that. Earlier this year, Congress opened the door for a solution to the visa waiver problem between the U.S. and several of its allies. ... Without the waiver, potential visitors have to go the U.S. ... Those with the visa waiver could enter the U.S. quite easily, while those without it were often denied access. ... The visa waiver program is critical to the successful formation of international allies, especially in the global community of the 21st century. ...

  • Word Count: 515
  • Approx Pages: 2
  • Has Bibliography
  • Grade Level: High School

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