Automatic Transfer Law: An Effective Policy?

With the escalation of murders and rapes committed by minors as seen in recent years the people are looking for the right answer. Public concern over the effectiveness of the juvenile courts when dealing with these offenders has brought about change in the justice system. (Stolba, 2001). The courts now, are quicker to transfer a juveniles’ case to adult court than when the juvenile system was first formed. There stands a conflict of interests within the two court systems. Juvenile courts are to protect the rights of youths determined incapable of adult decisions. The primary concern is that the youth be rehabilitated and not become a repeat offender. Thus, protecting the child from incarceration with adult criminals and any possible future victims. The concerns of the adult court is to make sure the convicted offender pays for their crime and that the victim gets justice. Rehabilitation is not a primary concer of the adult justice system.

One of the most debatable topics in today’s justice system is whether or not juveniles should receive waivers to adult court. There are three methods that are used to transfer a juvenile to adult court. Juvenile waiver, statutory exclusion, and Concurrent Jurisdiction are the three different methods used to transfer a juvenile to adult court. Statutory exclusion is when the juvenile is transferred immediately to the adult court. Concurrent Jurisdiction is when the juvenile may be tried as an adult and a juvenile at once. Throughout all three methods juvenile waiver is the most common one that is used throughout juvenile courts and used in mostly all states. The only states that do not provide judicial waivers are Nebraska, New York, and New Mexico. When a judge transfers a juvenile to adult court, he or she is denying the protections that the juveniles receive. The judge makes the decision of whether or not the juvenile is tried as an adult. Double Jeapordy laws protect the juvenile from being tried in juvenile court and then adult court because of the fact that a juvenile would be tried twice. Most times 17 or 18 year olds are the youngest age limits that can be waived to adult court, but in some states ages low as 13 or 14 can be waived. It depends on the crime that a juvenile commits on whether or not he or she is transferred to adult court. Once the juvenile is tried as an adult, he or she will be affect in the community for a lifetime versus having his or her records

In the early 1990s media was portraying juvenile crime as running rampant. It was reported that children were killing old ladies or innocent bystanders. This called the public to question if treating juveniles with rehabilitation and protection like it has been historically done was really the best option. This lead to many states making it easier for prosecutors to file charges against

In this paper, I will be discussing both the juvenile and the adult justice systems. There are several differences between the two systems, which may surprise you. I will be discussing many aspects within the justice systems. These include Terminology, Due Process rights, the process of Arrest to Corrections, Juvenile crime compared to Adult crime, age limits and waivers for the adult system and the different community correctional options, which are available to the offenders. The two systems share many of the same terms but not all terms are shared by both systems. In summary, the juvenile justice system and the adult justice system, vary in many ways and are alike in many ways.

In the United States, though different states have different transfer laws regarding ways a juvenile could be transferred to criminal court, most states used one of these transfer laws; once adult/always adult laws, reverse waiver laws and blended sentencing laws. Under once adult/always adult laws, a juvenile who have been tried as adults will be prosecuted in criminal court for any subsequent offenses. Reverse waiver laws, on the other hand, makes it possible for juvenile who is being prosecuted as an adult in criminal court to appeal their case to be transferred to juvenile court. A compromise between those who wanted rehabilitation and those who wanted punishment for the juvenile offender, blended sentencing laws appear to be the law that could determine the appropriate Court of Jurisdiction for juveniles.

There are times where a juvenile may be eligible for transfer to adult criminal court. There are certain criteria that must be met for this to happen, and there is a strong belief that juveniles who commit serious offenses would be more appropriately dealt with by criminal (or adult) courts (Elrod & Ryder, 2011). Juveniles are capable of committing the same serious offenses that adults do. Therefore, with the requirements of a transfer being met, there are times that juveniles should be placed in the adult criminal court system and tried through here, rather than the juvenile court system. The juvenile court system may not have the same consequences or sentencing guidelines as the adult criminal court; therefore, the proper punishment may

Today, the juvenile system primary goals are crime reduction and rehabilitation. The juvenile officials must assess whether youthful offenders are likely to commit crimes in the future and whether they can benefit from interventions. If these kids cannot benefit, then they will most like end up a delinquent. In most states delinquency is defined as the commission of a criminal act by a child who was under the age of 18 at that time (Virginia Rules). Most states allow youth to remain under the supervision of the juvenile court until the age of 21, but this depends on the 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

According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. According to Mack (1909) the focus of the juvenile justice system has shifted from “was the crime committed” to “why did the child commit the crime”, “how can we help the child”. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration. According to Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. In this paper I am going to discuss the three primary mechanisms of waiver to adult court: judicial waiver

“The juvenile justice system was first created in the late 1800s to reform United States policies on how to handle youth offenders. Since that time, a number of reforms - aimed at both protecting the "due process of law" rights of youth, and creating an aversion toward jail among the young - have made the juvenile justice system more comparable to the adult system, which is a shift from the United States’ original intent (2008,Lawyer Shop.com).” The

This paper takes a brief look at the history and evolution of the juvenile justice system in the United States. In recent years there has been an increase of juvenile cases being transferred into the adult court system. This paper will also look at that process and the consequences of that trend.

In transferring, a juvenile to adult court there is a certain amount of criteria that needs to be followed. The first criteria is if the juvenile is dangerous to the community, the maturity of the offender, and the psychology findings of the offender, it helps to determine if the juvenile is qualified to be transferred to adult court. This information is to happen in the intake process upon the processing of the offender into custody. There were two different types of questionnaires that were sent out to the juvenile court judges. With doing a survey with juvenile court judges around the nation, only 44% responded back on what the criteria to transfer the offender to adult court. These surveys made the criteria form a standard that every juvenile judge follows in determining a transfer to adult court.

Although based on the adult criminal justice system, the juvenile justice process works differently. Juveniles can end up in court by way of arrest, truancy or for curfew violations or running away. A youth may also be referred to the juvenile court system by school officials or a parent or guardian for being continuously disobedient. The juvenile justice process involves several different steps including intake, detention, adjudication, disposition and aftercare following release from a juvenile correctional facility. In this paper we will breakdown the numerous steps involved in the juvenile justice process as well as compared some

This paper will discuss the history of the juvenile justice system and how it has come to be what it is today. When a juvenile offender commits a crime and is sentenced to jail or reform school, the offender goes to a separate jail or reforming place than an adult. It hasn’t always been this way. Until the early 1800’s juveniles were tried just like everyone else. Today, that is not the case. This paper will explain the reforms that have taken place within the criminal justice system that developed the juvenile justice system.

Factors such as type of offense, the age of the juvenile offender, and criminal history take

Juvenile justice has proved to be as imprudent as it is practical. Snyder and Sickmund (1999) found that as early as 1825, there was a significant push to establish a separate juvenile justice system focused on rehabilitation and treatment. The procedure continued to stay focused on the rehabilitation of a person, even though financial support and assets sustained to hold back its achievement. In reaction to rising juvenile crime rates in the 1980s’, more corrective laws were approved (Snyder and Sickmund 1999). In the 1990s, the United States legal system took further steps regarding transfer provisions that lowered the threshold at which juveniles could be tried in criminal court and sentenced to adult prison (Snyder and Sickmund 1999). Furthermore, laws were enacted that allowed prosecutors and judges more discretion in their sentencing options; and confidentiality standards, which made juvenile court proceedings and records more available to the public (Snyder and Sickmund 1999), were reduced.