Judicial Waiver And Prosecutorial Waiver - 2108 Words

What is meant by the terms waiver, transfer, and certification, remand, and bind over? a. Waiver- The process by which a juvenile is moved from juvenile court jurisdiction to adult criminal court jurisdiction for an offense committed while still a juvenile. Also known as bind over, certification, remand, and transfer. b. Transfer- Transfer occurs when jurisdiction over a juvenile case is turned over to a criminal court. The waiver or transfer of jurisdiction from juvenile court to criminal court is predicated on the assumption that some juveniles are not appropriate for processing in juvenile court and can be more effectively dealt with by criminal courts. 2. What is judicial waiver, and how does it compare with legislative waiver and prosecutorial waiver? A Judicial Waiver is a type of waiver selected by a juvenile court at a hearing. It is the traditional type of waiver. Legislative Waiver, and Prosecutorial Waiver, is not selected by the Juvenile Court at the hearing. In most states (Connecticut, Massachusetts, Montana, Nebraska, New Mexico, and New York are exceptions), juveniles can be transferred to an adult criminal court by means of a separate waiver or transfer hearing in the juvenile court to determine the appropriateness of the waiver. This method of waiver, which can be called judicial waiver, is the traditional method by which juvenile cases have been transferred to criminal courts. However, the exact process by which judicial waiver occursShow MoreRelatedCriminal Court : A Look At Prosecutorial Waivers846 Words   |  4 PagesCriminal Court: A Look at Prosecutorial Waivers The purpose of this review is to provide an informative summary of the already existing literature that examines prosecutorial waivers within the juvenile justice system and the controversy surrounding its exclusive use by prosecutors. A brief history of how the waiver came about and an overview of the waiver process in its various forms are provided. As well as a study conducted in Michigan pertaining to the use of prosecutorial waiver statutes. The aim ofRead MoreTrying Juveniles as Adults Essay1312 Words   |  6 Pageswhen necessary such as incarceration. According to Griffin (2008) in some cases juveniles may be required to be â€Å"transferred† to adult court. 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 concludeRead MoreJuvenile Sentencing And Juvenile Justice941 Words   |  4 Pagessentences as adults, or need juvenile court judges to impose determinate or needed minimum sentences on youths who remain in the juvenile system. Both ways take emphasis away from rehabili- tation and individualized thought of the offender and base waiver and sentencing decisions on the seriousness of the present offense and prior record. Sentencing youthful offenders as adults increases the number of juveniles confined in mature prisons and creates problems for adult correctional officials. JuvenileRead MoreAutomatic Transfer Law: An Effective Policy? 1171 Words   |  5 Pagesbegan in the 1980s with the dramatic increase in crime. There are three types of transfer laws, judicial waiver, which gives the judge complete discretion in deciding whether to transfer a juvenile to adult court. There is also the prosecutorial, where the prosecutor based on certain guideline makes the final decision in whether to transfer a juvenile or not. The third type of waiver is the legislative waiver, also known as the automatic transfer laws. The automatic transfer law is currently effectiveRead MoreJuveniles and The Death Penalty Essay1604 Words   |  7 Pagesalso the most common. This method is judicial waiver. Recently, states have begun to integrate the age of criminal responsibility with jurisdiction of juvenile courts, for example, some states grant jurisdiction to a particular age, usually between fifteen and sixteen while from ages sixteen to eighteen (sometimes twenty-one) juvenile judges can transfer or certify these cases to the adult criminal courts (Samah 1993: 295). An example of jurisdictional waiver in which the U.S. Supreme Courts imposedRead MoreCriminal Law Foundations evaluation paper1641 Words   |  7 Pagesjuveniles do.   A juvenile waiver is occurs when a judge transfers a juvenile into the adult court system. This method releases the juvenile from any protection the youth would have under the juvenile court system. At this point the child is put through the same court process an adult offender would face. In most states the average age a youth would be set forth into the adult system is 17; however in some cases children as young as 13 have faced adult trials. Normally a waiver into the adult courts isRead MoreJuvenile Justice And Criminal Justice1368 Words   |  6 PagesThe most traditional style of transferring juveniles to criminal court was elective judicial waiver. Judicial waiver laws allow a juvenile court judge to transfer a delinquency case to criminal court, often after establishing that the case meets unmitigated criteria. Waiver proceedings are often initiated by the prosecutor, who bears the burden of proof during transfer proceedings. Even though the criteria for waiver vary by State , the provisions are customarily based on those outlined by the U.S.Read MoreThe Origins Of Juvenile Justice1385 Words   |  6 Pagesjuvenile is automatically transferred Prosecutorial discretion: Prosecutor, not the judge, controls the waiver process. A case is waived to adult court when the prosecutor chooses to file the case in adult court. Prosecutors have the discretion to choose which court they will file the case in. Depends on factors such as age, offense, and prior record to qualify Judicial wavier: Some juvenile cases get transferred to adult criminal court through a process called a waiver. When a judge waives the protectionsRead MoreJuveniles Tried In an Adult Court Essay1300 Words   |  6 Pagesthe type of crime that was committed. There has been many times where a juvenile case was transferred to an adult criminal court. This would have to be done thru a process called a waiver. A waiver is when a judge waives the protections that the juvenile court provides (Larry J. Siegel). Cases that are subject to waiver involve more serious crimes, or minors who have been in trouble before. Some examples of these crimes are murder or rape. Although being tried in adult court gives juvenile moreRead MoreCapital Punishment2006 Words   |  9 Pagesmethod is judicial waiver. Recently, states have begun to integrate the age of criminal responsibility with jurisdiction of juvenile courts, for example, some states grant jurisdiction to a particular age, usually betwe en fifteen and sixteen while from ages sixteen to eighteen (sometimes twenty-one) juvenile judges can transfer or certify these cases to the adult criminal courts. An example of jurisdictional waiver in which the U.S. Supreme Courts imposed strict guidelines of judicial waive decisions