Juveniles and the Waiver to Adult Court Christopher D. Shelton Central Texas College CRIJ 1313: Juvenile Justice System Dr. Raymond Edwards February 23rd, 2023 Juveniles and the Waiver to Adult Court What is the purpose of the adult court waiver? That question can be answered in many different ways depending on the party that you ask. The technical definition according to the textbook Juvenile Justice Policies, Programs, and Practices, waiver to adult court is “the process through which a juvenile court relinquishes jurisdiction over a juvenile offender and the case is processed in adult court.” (Taylor et al., 2020) Some juvenile rights activists would define a waiver to adult court as unjust or another way of implementing a harsher sentence upon juveniles. In a way, those activists are correct in the fact that it is used to give out harsher sentences. However, what the activists will not say is that there are certain criteria that must be met for a juvenile to be waived to an adult court. Throughout this research paper, the rights of juveniles being waived to adult court will be examined, as well as the penalties they can and cannot face, and a few advantages and disadvantages of the waiver to adult court. History, Rights, and Occurrence of Adult Court Waiver …show more content…
Throughout this research, I have learned the history of the adult court waiver, the rights of juveniles within these courts, and the changes it has endured to get to where it is today. The research showed what criteria are used when recommending a juvenile for adult court and the penalties they can and cannot face. The rare occurrence of adult court waiver was brought to light as well as a few advantages and disadvantages. I believe when used correctly, and it seems as though it often is, that the adult court waiver is a very efficient tool for juveniles. It still gives juveniles quite a few chances before giving them a severe
These studies also show that a great deal of teenagers who commit serious felonies have a severe psychological illness. Instead of getting the help, teenagers are forced into adult prisons without getting the mental help they desperately need. The author chose to write this article to advocate for the teens that are tried as adults when there is a juvenile court system. He uses Greg as an example of a teenager who was tried as an adult committing murder. He uses Greg to represent the other teenagers in the adult system who have committed a serious felony similar to his.
After some time, most courts have taken the stance that the juvenile record of an individual can be thought about by a judge while considering a proper punishment for a now adult offender. “When, however, a juvenile offender appears in court again as an adult, his juvenile offense record may be considered in imposing sentence” (Elrod & Ryder,
The Supreme Court’s approach to the constitutionality of an automatic life sentence for juvenile homicide offenders focused on youth charged as juveniles while failing to acknowledge the modern trend to transfer juveniles to adult court for prosecution, resulting in a failure to incorporate protections for juveniles sentenced in adult court. Part II of this comment will review the history of case law concerning sentencing of juvenile offenders. Part III will evaluate the details and holding in Booker. Part IV will evaluate the Court’s reasoning in Booker. Part V will suggest how the Court may further protect juveniles in the justice
It is shocking to know that before 1967 youths in the United States did not have the same rights as adults in court. Before the landmark case In Re Gault individuals underage were not promised the freedoms under the fourteenth amendment. The court system did not take juvenile delinquent cases as seriously. It was almost as if they brushed the delinquents under the rug and put them into a detention center the first chance they got. The Supreme Court came to the conclusion that in the case of In Re Gault the requirements for due process were not met.
Roper v. Simmons is considered a landmark case and is one of a handful that shows a new direction in granting some relief from what has been established as harsh “adult” punishments for juveniles (Elrod & Ryder, 2014). In fact, many studies are showing that the differences between adults and juveniles are quite significant (Elrod & Ryder, 2014). The courts are realizing that these differences must be taking into account when dealing with juveniles in the criminal justice system (Elrod & Ryder, 2014). However, that being said, change does not occur overnight, and for the unforeseeable future, juveniles will still continue to be waived into adult courts (Elrod & Ryder, 2014).
There persists a heated and controversial debate nationwide as to whether, under any circumstances, a juvenile should be tried as an adult and sentenced to life in prison without parole. While recent efforts to ease the punishment have reduced the ultimate sentence for juveniles to forty years in some areas, the problem remains unaddressed at its root. Juveniles should not be sentenced as adults to life without parole because they lack in cognitive development, have rehabilitative capacity, and cost more annually to be held in prison than to be put through programs that address the root of the problem. First and most importantly, Juveniles should not be tried and sentenced as adults for life because the adolescent brain is in a period of cognitive
Waivers to the Adult Court There are several different types of waivers that can be used in the juvenile justice system to transfer a young offender to adult court, but the five most commonly recognized are the judicial waiver, prosecutorial discretion, statutory exclusion, reverse waiver, and blended sentencing. Judicial waiver occurs when a judge decides that a juvenile offender should be tried as an adult based on the severity of the crime or the offender's past criminal history. The judge may consider factors such as the age of the offender, the nature of the offense, and the offender's likelihood of rehabilitation. Prosecutorial discretion is where in some cases, the prosecutor may have the discretion to decide whether to try a juvenile
Discuss and describe the process in which juvenile cases can be transferred to adult courts. Transfers, waivers, and certifications are all a formal procedures of moving a juvenile to adult court for trial instead of allowing them to remain in juvenile court. By moving a juvenile to adult court, it is then possible for harsher punishments to be imposed, for just deserts and severe punishments for violent offenders, fairness in administering punishments suitable because of one’s actions, a deterrent to decrease juvenile violence, less leniency compared to the juvenile court system, and a way for juveniles to accept responsibility for their actions. The process of transferring juvenile cases to adult courts is done through several different
By sending these juveniles to an adult court, they are facing the risk of being punished more harshly than they would have been if they were convicted in a juvenile court. Once a juvenile is involved with the criminal justice system, they are more likely to reoffend and continue being involved with the criminal justice system as they become
Annotated bibliography Childress, S. (2016, June 2). More States Consider Raising the Age for Juvenile Crime. Retrieved from PBS: http://www.pbs.org/wgbh/frontline/article/more-states-consider-raising-the-age-for-juvenile-crime/ More states are considering to raising the age for juvenile crimes before being tried as adult because young offender's mental capacity. The idea is to cut the cost of incarcerate young offender in adult prison and ensure offenders to receive proper education and specialized care to change their behavior. Putting children in adult prison does not deter crime.
When kids that are only 16 and 17 are tried in adult court, studies have shown that these teens are more likely to commit crimes and serious offenses. For this reason some kids get into a cycle of trials, Juvy, and release because that is all they know how to do, because when they are released they don’t know how to live a normal life.
The juvenile justice system has made numerous of ethical issues when managing juvenile offenders. The issue with the juvenile justice system is the laws and rules that govern it. It has led to years of controversial debate over the ethical dilemmas of the juvenile corrections system, and how they work with youth offenders. The number of minors entering the juvenile justice system is increasing every month. The reasons why the juvenile justice system faces ethical dilemmas is important and needs to be addressed: (1) a vast proportion of juveniles are being tried and prosecuted as adults; (2) the psychological maturation of the juvenile to fully comprehend the justice system; and (3) the factors that contribute to minorities being adjudicated in the juvenile justice system are more likely than White offenders.
In today’s world there are countless crimes committed every single day. “In 2015, there were 1.42 million total arrests, at a rate of 3,641 arrests per 100,000 residents” (State of California, Department of Justice). Grown adults are not the only people being arrested every year, there are also juveniles, children, being arrested every day. One topic of controversy today is whether or not juveniles who commit these crimes should be tried as adults in criminal court. There are many differences between the justice system for adults and the justice system for juveniles.
Juvenile transfer laws tend to focus on juveniles who commit serious and violent offenses” (Crime Solutions, n.d.). However, there are at least three common ways to move a juvenile case to adult court: judicial waiver, prosecutorial discretion, and statutory exclusion. Judicial waiver laws - “A judicial waiver occurs when a juvenile court judge transfers a case from juvenile to adult court in order to deny the juvenile the protections that juvenile jurisdictions provide” (Find Law, 2017). Prosecutorial discretion - “Original jurisdiction for certain cases is shared by both criminal and juvenile courts, and the prosecutor has discretion to file such cases in either court” (OJJDP National Report Series,
Can you imagine waking up behind closed walls and bars? Waking up to see your inmate who is a 45-year-old bank robber and you are a 14-year-old minor who made a big mistake. This is why minors who have committed crimes should not be treated the same as adults. Some reasons are because the consequences given to minors in adult court would impact a minor’s life in a negative way. If a minor is tried through a juvenile court, they have a greater chance of rehabilitation.