Criminal Court : A Look At Prosecutorial Waivers

846 WordsDec 7, 20154 Pages
Transfer of Juveniles to Criminal Court: A Look at Prosecutorial Waivers The purpose of this review is to provide an informative summary of the already existing literature that examines prosecutorial waivers within the juvenile justice system and the controversy surrounding its exclusive use by prosecutors. A brief history of how the waiver came about and an overview of the waiver process in its various forms are provided. As well as a study conducted in Michigan pertaining to the use of prosecutorial waiver statutes. The aim of this paper is to review the facts surrounding prosecutorial waivers and examine past and present reform methods for juvenile offenders. In addition, an examination of the intended goals of waiving juveniles to adult criminal court is important to note because these goals should be in agreeance with the founding notions of the juvenile justice system. The necessity for development of a separate court system designed for punishing juvenile offenders came about with the idea that juveniles are “less culpable” than adult offenders, and therefore more adaptable to rehabilitation from their delinquent misbehavior. Building on this idea, juvenile court was established to offer intervention, rehabilitation, and protective supervision for young offenders, unlike the general idea of criminal courts aimed at punishing, incapacitating, and generating retribution. (Bishop & Frazier, 1991) However, from the beginning, provisions were made to exclude some
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