Juvenile Waiver and transfer provisions


Published on

Published in: Law
  • Be the first to comment

  • Be the first to like this

No Downloads
Total views
On SlideShare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide

Juvenile Waiver and transfer provisions

  1. 1. Juvenile Waiver and Transfer Provisions Juvenile Delinquency Daniel Delval Instructor: Mr. Gardner May 12, 2014
  2. 2. The use of waiver and transfer provisions in juvenile court statutes has become more common. Critically analyze this trend toward a criminalization of the juvenile court system. “One of the mostimportant actions that can occur in the early court processing of a juvenile offender is the transfer process, or also known as waiver”(Siegel & Welsh, 2011). Before they had a juvenile court system, juvenile offenders were treated in the Adversarial Criminal Justice System, in the same manner as adults. These influenced legislators in many countries to think of alternative procedures that could be used in dealing with youthful offenders instead of subjecting them to the harsh treatment in the criminal justice system(Siegel & Welsh, 2011). So, this led to the establishment of juvenile courts that focused more on rehabilitation rather than punishment.Court proceedings were made more informal, and youthful offenders were since distanced from the Adversarial justice system. Manystates developed Juvenile court systems across the helpedoffenders below the age of 18 were tried for their offences. The American judicial system has experiencedchanges in the recent years mostly inthe juvenile system. This has been as a result of complaints from the public for the states to be tough on crime(Seiter, 2011). Somestates have advanced different approaches that supportfor juvenile waiver and transfer. Juvenile transfer and waiver laws are statutes allowing young offenders to be transferred from juvenile courts to criminal courts. This means that they are prosecuted as if they are adult with the range of penalties being great. After a whiledifferent states have adjusted their waiver laws. The following are the classification of the various waiver laws that have been advanced.Discretionary waiver is the provision that allows juvenile court judges to transfer a case involving a minor from a juvenile
  3. 3. court to an adult criminal court. Mandatory waiver is when the state demands that juvenile offenders under the juvenile courts be transferred to adult criminal courts. The state directs the juvenile courts to carry out this function(Siegel & Welsh, 2011). Presumed waiver involves the state classifying cases into categories such that certain cases must be transferred to adult criminal courts under the law. Statutory exclusion entails excluding cases that involve youths from juvenile courts if the statutes do not support such an offence to be tried under the juvenile courts. The final class that of once an adult always an adult(Seiter, 2011). This involves statutes in which the state stops juvenile courts from trying offenders who have ever been tried under the adult courts for being tried in juvenile justice system. In the end, states have advanced on their waiver laws to updatethe movement of cases from juvenile courts to criminal courts so that prosecution becomes easier. This has been accompanied by removalof some offences from juvenile statutes in most jurisdictions or adding concurrentauthority provisions to laws that are already established(Siegel & Welsh, 2011).This critically analyzes the trend in the waiver and transfer provisions in juvenile court statutes toward a criminalization of the juvenile court system. These provisions are plannedto reduce crimes but scholars have been able to prove that waivers and transfers cannot preventcrime or reduce numbersofre-offending. Recent trends in research show that the statutes concerning transfers and waivers do not in themselves account for decreased levels of juvenile offending or re-offending. When juveniles are transferred to adversarial courts, the results are shocking as most of them either recidivate or leave the systems more hardened criminals. Putting the youth offenders in same custody as the adults puts their life at risk, since they can easily be injured by the adults(Siegel & Welsh, 2011). It has been observed that most of the youths who pass through the adult system are always detained for
  4. 4. longer periods that their counterparts and lesseryouths are the ones who are often sent to the adult criminal justice system.Mentaldevelopment and juvenile fitness have a great influence on the lives of the juveniles. When exposed to conditions where they are subjected to harsh treatment, they are likely to experience lack of impulse control and slower brain development. It is observed that transferring violent offenders directly to the adult system has not been able to deter young people from offending. The media has also gone ahead to publicinformation about such statutes that involve direct transfer of violent juvenile offenders to adult courts but that has also not bore any positive results(Siegel & Welsh, 2011). In studies where youthful offenders have been transferred to the adult criminal justice system, the results have been compared against those who have been treated in the juvenile justice system and a large differencehas been observed. Offenders from the adult justice system were arrested for felonies at a higher rate compared to their counterparts who had been treated under the juvenile justice system. Some scholars have carried out studies of institutions that try to incorporate the two approaches of treatment and rehabilitation(Seiter, 2011). The result has been a decrease in levels of re-offending which however remains higher that the levels of re-offending of youths treated under a plain juvenile justice system(Siegel & Welsh, 2011). The only type of offence that seemed to have less re-offending rates for juveniles treated as the adult system included property crimes. The explanations for this observation are interesting. First, when transferred to the adult system, most of the youths feel that they have been treated unfairly for their offences. They disagree with the state position of seeking justice and consequently develop a wrong mentality against the state. When released, the youths are likely to re-offend to compensate for the injustices done against them by the state.
  5. 5. Treating juveniles under the adult system is a form of pervertingthe juvenile system. Youths who join adult system, are disadvantaged since, they lack the chances to seek employment and other opportunities in life. As such, when they are released, they cannot fit well in the society(Schmalleger, 2011).So, they turn back to their former ways of reoffending to earn a living. Also, Juveniles who are exposed to the adult system and are put in adult prisons are likely to become hardened criminals. These youths interact most often with the adult offenders and as a result learn new skills and new means of criminality from the mature inmates. Those youths who are treated under the juvenile system are always well bred and find it easy to interact with the prison staff and can easily be integrated into the society. Those putin adult systems held that guards and staffs in adult court systems and prisons were harsh inhumane and indifferent and treated them as enemies(Siegel & Welsh, 2011). Those who were rehabilitated through the juvenile system promised never to re-offend again since; they had been empowered through knowledge and fair treatment. While in detention in adult prisons, youths are exposed to several risks. They might not be compatible with the adults and as such may choose to commit suicide. The adults are also likely to abuse them sexually or physically through assaults(Seiter, 2011). Consequently, when they go back to the community, they are often very damaged than their counterparts who were treated in the juvenile justice system.This togetherwith the violence observed in most of the adult prisons makes the youths tougher and more hardened and as result they may engage even in more dangerous experiences. Treating juveniles under these systems leaves them more desperate. The best approaches to treat them with the meaning of rehabilitating them, so that they are easily joinedinto the society. This is important as it helps the individuals and also protects the society form criminals
  6. 6. and crimes(Siegel & Welsh, 2011). Juveniles are still young and have not matured and sotheir minds are not well built to be exposed to such experiences as those in mature prisons. Youths are vulnerableand cannot effectively think for themselves as adults would do. It has also been shown that juvenile treated as adults are affected cognitively since it impairs their mentaldevelopment. In conclusion, the state must guaranteethat the number of youths being exposedto adult treatment is reduced if not done away with. The states must also guaranteethat the proper services, treatment programs and sentencing actionsthat fit the juveniles are used. The transfer system and its related treatment of youthful offenders return the system back to the times when there was no juvenile justice system. But also, I don’t think all juveniles are bad. But even for the ones that are, I still don’t believe that they need a punishment that harsh. Maybe the law should give them a few years, depends on the crime that was committed. Maybe just probation and community service. The states and cities do their best to have programs for kids, but most of them prefer to be in the streets and join a gang, which is a wrong choice to make, but it makes them feel wanted.
  7. 7. Works Cited Schmalleger, F. (2011). Criminal Justice Today An Introduction Text for the 21st Century. Upper Saddle River, New Jersey: Pearson. Seiter, R. P. (2011). Corrections an Introduction. Saddle River: Pearson. Siegel, L. J., & Welsh, B. C. (2011). Juvenile Delinquency The Core. Belmont: Wadsworth.