This website uses cookies to ensure you have the best experience. Learn more

Waiver To Adult Courts Impact For Juvenile Offenders

1266 words - 6 pages

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. ...view middle of the document...

According to Fagan (2008) an estimated 260,000 juveniles are waived to adult court each year.
Mechanisms of waiver to adult court.
According to Mears (2003) in 1999, juvenile courts waved less than 1 % of the 1.7 million cases that were referred to the juvenile courts. According to Griffin (2008) ever since the initial installment of the juvenile court system judges were able to designate cases that met certain criteria to adult court. This process is described as the “jurisdictional transfer”. According to Griffin, Addie, Adams, and Firestine (2011) jurisdictional transfer laws drastically differ on a state by state basis. Griffin (2008) stated that all of the laws fall into one of the three primary mechanisms for transfer to adult court: judicial waiver laws, statutory exclusion laws, and prosecutorial discretion or concurrent jurisdiction laws. Kupchik (2006) stated that the core mechanism for transfer to adult court in the past was initially judicial waiver/transfer laws. According to Fagan (2008) judicial waiver is the process in the juvenile court in which the judge has been granted the authority to waive juvenile court jurisdiction and transfer the juvenile offender’s case to adult court.
According to Mears (2003) on an annual basis only 1% of all processed delinquency cases are waived to adult court through judicial waiver. Griffin, et al., (2011) stated that the judicial waiver laws allow the juvenile to be prosecuted in criminal court by the order of the judge. Prior to a juvenile’s judges decision to waive the case, a formal hearing is conducted. During this hearing based off of the evidence and the charges a judge can approve the waiver for transfer to adult court. According to Fagan (2008) the right for juveniles to receive a formal hearing prior to the waiver decision was decided following Kent v. United States, in which the court decided that all waiver conditions that were designated by the Kent. United States decision must be met before the judge’s consideration of a waiver to adult court. According to Sullivan (lecture, 2/27/2014) conditions that must be met prior to a waiver by the juvenile judge are at a minimum: age requirement, a specific type offense, and a previous record of delinquency. Fagan (2008) stated that judicial waiver is a common transfer law that is used by forty-seven states in American.

Works Cited

Caldwell, R. (1961). The Juvenile Court: Its Development and Some Major Problems. The
Journal of Criminal Law, Criminology, and Police Science 51(5), 493-511.
Fagan J.A. (1996). The comparative advantage of juvenile versus criminal court sanctions on
Recidivism among adolescent felony offenders. Law and Policy 18, 77-113
Fagan, J.A (2008) Juvenile Crime and Criminal Justice:...


Court Mandated Treatment Programs for Juvenile Offenders

2579 words - 10 pages that the courts have a hard time finding ways to keep troubled youth out of the juvenile justice system. The main issue that is going to be discussed is whether the courts should make treatment programs mandatory for troubled youth. It is understood that not every troubled teenager can be “rehabilitated” through a treatment program, but implementing them can benefit the ones that can be. The purpose of this issue is to determine if treatment

Juvenile Offenders Should be Tried as Adults for Violent Crimes

533 words - 2 pages for themselves. They are at an age where they can make up their own minds and decide for themselves to do things, such as bathe or prepare basic food items. These teenagers still need guidance in life, but no longer need someone to hold their hand. A juvenile offender should be tried according to his crime. If he has committed a juvenile crime, then juvenile punishment is fitting. However, if he has committed an adult crime, or violent crime

Childhood Sexual Abuse Victims at Risk for Becoming Adult Sexual Offenders

1404 words - 6 pages a study that showed that 47% of these juvenile delinquents were themselves sexually molested. (Jacobs et al., 1997, p. 202). Most research on this relationship shows that sexually abused children are at a greater risk to engage in criminal activity, specifically sexually deviant crimes. Zakireh, Ronis, and Knight observed four different groups relating to sexual deviancy: sexual offenders in residential placement and offenders in outpatient

Should Juvenile Offenders Be Sentenced to Life Without the Possibility of Parole

1229 words - 5 pages . But I agree with the author of the article Should Juvenile Offenders ever be Sentenced to Life without the Possibility of Parole (Steinberg, L. & Scott, E. 2010) that juveniles should be given a second chance in society. Due to their lack of development in their brains, and possible living conditions in their environments. After an adolescent has reached adult hood and their character has been formed it will be easier to discover if that

Essay discusses basic solutions for juvenile offenders, where they should be placed and what should be done

930 words - 4 pages are just repeat offenders. People make mistakes and that's understandable but people who clearly are getting into trouble on several different occasions should be placed somewhere where they can learn to stay out of trouble, such as juvenile prison.We already talked about Scared Straight and that is a joke. Kids say they are finding God and they don't want to live the life that the inmates have but do they really change for the better? I said it

Impact of Television in Relation To Juvenile Delinquency

2433 words - 10 pages IMPACT OF TELEVISION VIOLENCEIN RELATION TO JUVENILE DELINQUENCYTABLE OF CONTENTSIntroductionEffects Of Television - The BeginningCorrelational ExperimentsField ExperimentsCause And Effects On Types Of ChildrenConclusionReferences 113568When children are taught how to tie their shoes, it is because of how their parents showed them. When children are taught how to do math problems it is because how their teachers show them. With all of the role

The Best Way to Learn Semantic Chinese Radicals For Adult Second Language Learners

882 words - 4 pages implicit showed better results for learning regular characters compare to irregular characters. The second hypotheses: the adult second language learners of Chinese language can learn regular characters; they will learn the characters better if taught explicitly than implicitly on the post test was supported. If we look at figure 1 we can see that the explicit instruction group performed much better in learning regular characters than implicit group

Activity-Inactivity Relative to Older Adult Patient Cared for in the Hospitalized Environment

2496 words - 10 pages Watson’s Caring theory (2008) to assess the lower order need of activity-inactivity relative to this older adult patient cared for in the hospitalized environment. The integration of theory, research and best practice guidelines will be used to plan nursing interventions and strategies to meet the health needs of older adults in health care. Watson’s (2008) fourth caritas process of developing and sustaining a helping-trusting caring relationship

Alternatives to Incarceration.This paper is about options available for offenders that do not require jail or prison terms.Raises the question of cost effectiveness

868 words - 3 pages cost per offender. These programs provide local courts, state departments of corrections, and state parole boards with a broad range of correctional options for offenders under their jurisdiction. The overall goals of these programs are to fit the appropriate punishment with the crime, the offender is punished and held accountable, and the public safety is protected.There are several programs available as an alternative to incarceration, the

Culminating assignment for civics which details how I would creat awareness to change the outdated law of the sex offenders act

584 words - 2 pages How Can I Make A Difference?Why I choose this issue:In light of the recent murder of Holly Jones, it seems timely for this country to address its sex offender laws. Specific focus should be placed on the pattern and behaviors of repeat sex offenders. Although currently a sex offender registry exists throughout Canada, it seems that this is not enough to protect the vulnerable, especially our children. After Christopher Stephenson's death in

The name of this essay is "Why We Need Tougher DUI Laws in The United States". This essay is about how the laws need to be tougher for DUI offenders and why

1502 words - 6 pages cost on the shoulders of the offender we can free up some of societies money for them to use on other things. We can make the fines more appropriate for example for the first offense make the fines $5000 plus restitution. That way the offenders are paying more of the cost than society ends up paying. Of course we also need to address other issues of DUI convictions, and they range from death to repeat offender problems. The repeat offender is a

Similar Essays

Juvenile And Adult Courts A Comparative Analysis

1522 words - 6 pages brought to a juvenile court and if the crime is more severe, an adult court may be more appropriate. The author will discuss the differences between adult and juvenile courts. Finally, it will discuss what can happen if juvenile courts are abolished and implications for young offenders.Compare and ContrastThe juvenile court system has been in existence since 1899 (Kerbs, n.d.). Although this does not show how long juvenile crimes have been taking

Juvenile And Adult Courts: A Comparative Analysis

1833 words - 7 pages in juveniles court? Do juveniles in adults court not repeat offense that those in juvenile court? According to the Serious Violent Juveniles Offenders study group no real study has been done on the two questions many of us ask ourselves.The juvenile/adult justice system refers to the police, the juvenile/adult courts, their intake and probation officers, attorneys for the state and the juvenile/adult/parents, juvenile/adults detention/jail

Juvenile Offenders Serving An Adult Sentence

1021 words - 5 pages Jordan Brown is a juvenile offender who was charged with the death of his Father’s pregnant fiancée and her unborn son. In Pennsylvania, 2009, Brown was taken to court and found guilty. Because he was under 12 years old, he was sent to a juvenile facility rather than an adult prison. Due to Roper (a law that prevents juveniles from being sentenced to the death penalty), his life was spared. The question as to how to sentence juvenile offenders

The Juvenile Court System Is Distinct From Adult Courts

2010 words - 8 pages robbery, and rape. According to a U.S. General Accounting Office (GAO) study, of the 2% of the juvenile cases waived to criminal court, from 1988 to 1992, drug offenders had the highest rate of transfer. Additionally the U.S. Department of Justice reports, in 1992 nonviolent offenders made up 66% of all juveniles waived to adult courts. Consequently, waiver and transfer provisions have an immense impact on a juvenile’s life. Long-term