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Essay On Waiver To Adult Court

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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 …show more content…

Statutory exclusion dictates that some states have laws that automatically exclude certain offenses or age groups from juvenile court jurisdiction. For example, a state may have a law that requires all 16-year-olds charged with murder to be tried as adults. Reverse waiver occurs when a juvenile court judge decides that a case should be heard in adult court, but the defendant or the defense attorney disagrees and requests that the case be heard in juvenile court instead. Blended sentencing is the approach that allows the court to impose both juvenile and adult sanctions on a defendant. For example, a judge may sentence a juvenile offender to a period in a juvenile detention center, followed by a period of probation as an adult. This type of sentencing is meant to provide a balance between punishment and …show more content…

Straight financial restitution: This type of restitution requires the juvenile offender to pay money to the victim or a fund established for that purpose. The amount of restitution is typically based on the actual damages suffered by the victim, such as the cost of repairing property damage or the value of stolen items. Financial restitution can be an effective way to compensate victims for their losses, and it can also serve as a deterrent to future criminal behavior. However, it may not be a viable option for all juvenile offenders, especially those who come from low-income families.
2. Community service: This type of restitution requires the juvenile offender to perform a certain number of hours of community service, such as picking up trash, painting over graffiti, or working in a community garden. Community service can be an effective way to teach young offenders the value of community involvement and civic responsibility. It can also be a way for them to directly make amends for the harm they have caused. However, community service may not be appropriate for all cases, especially those involving violent or serious

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Education will be provided to the juveniles to explain the repercussions of their actions and the results of another offence. Education will also be proved to the parents/guardians to improve the home situation and how to help the juvenile take on the restorative justice program in full force. Pre-program assessments must be completed for every juvenile to be place in this restorative justice program. Assessments will be taken often during and after the programs completion. The initial assessment will be a set in place to gather background information on the juveniles family/community situation, and continuous mental, physical and

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Waiver thresholds are often quite low however in a few states that prosecutors may ask or do a waive virtually to and juvenile delinquency case. As a practical matter, even in these states waivers are likely to be relatively rare, Nationally the proportion of juvenile cases in which prosecutors seek a waiver is not known but waiver is granted in less than 1% of petitioned delinquency cases. Most states criminal prosecution renders a juvenile as adult forever. there is a special form of a transfer in 34 states for juveniles who have previously been prosecuted as adults. most of their "once adult, always adult" laws are comprehensives mandating criminal handing of all posttransfer offenses.

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