Judicial Waiver And Prosecutorial Waiver

2108 Words Nov 18th, 2014 9 Pages
What is meant by the terms waiver, transfer, and certification, remand, and bind over?

a. Waiver- The process by which a juvenile is moved from juvenile court jurisdiction to adult criminal court jurisdiction for an offense committed while still a juvenile. Also known as bind over, certification, remand, and transfer.

b. Transfer- Transfer occurs when jurisdiction over a juvenile case is turned over to a criminal court. The waiver or transfer of jurisdiction from juvenile court to criminal court is predicated on the assumption that some juveniles are not appropriate for processing in juvenile court and can be more effectively dealt with by criminal courts.

2. What is judicial waiver, and how does it compare with legislative waiver and prosecutorial waiver? A Judicial Waiver is a type of waiver selected by a juvenile court at a hearing. It is the traditional type of waiver. Legislative Waiver, and Prosecutorial Waiver, is not selected by the Juvenile Court at the hearing. In most states (Connecticut, Massachusetts, Montana, Nebraska, New Mexico, and New York are exceptions), juveniles can be transferred to an adult criminal court by means of a separate waiver or transfer hearing in the juvenile court to determine the appropriateness of the waiver. This method of waiver, which can be called judicial waiver, is the traditional method by which juvenile cases have been transferred to criminal courts. However, the exact process by which judicial waiver occurs…
Open Document