The Juvenile Court Meets the Principle of the Offense: Legislative Changes in Juvenile Waiver Statutes
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Commentary: Risk markers for incompetence in juvenile defendants.
The juvenile court was founded on a rehabilitation model in which competence of the juvenile defendant to undergo criminal process was not an issue. A few juveniles charged with serious crimes such as murder were waived to adult court, but maturity was generally taken into consideration in the waiver decision, and so severely mentally ill, mentally retarded, or very young defendants tended to r...
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Beginning in the 1980s, many States passed legal reforms designed to get tough on juvenile crime. One important reform was the revision of transfer (also called waiver or certification) laws (Grif fin, 2003) to expand the types of offenses and offenders eligible for transfer from the juvenile court for trial and sentencing in the adult criminal court.1 These reforms lowered the minimum age for...
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Within the past decade, nearly every state has amended its juvenile code in response to perceived increases in serious, persistent, and violent youth crime. These changes diminish the jurisdiction of juvenile courts as judicial decisions and statutory changes transfer more youths from juvenile courts to criminal courts so that young offenders can be sentenced as adults. Amendments to juvenile s...
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A critical evaluation of the waiver process identifies certain inconsistencies between the goals and methods of the juvenile court movement and points out the difficulties resulting from procedures that attempt to reconcile the goals of punishment and rehabilitation. Several popular explanations for the use of the waiver process are examined and found insufficient to justify removing children f...
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تاریخ انتشار 2017