Preview

Discretionary Waiver Case Analysis

Good Essays
Open Document
Open Document
207 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Discretionary Waiver Case Analysis
“In order to determine which juveniles are appropriate for criminal court jurisdiction, states have established various criteria. Typically, the juveniles have to meet certain age and offense criteria” (Elroy & Ryder, 2014).

According to the Office of Juvenile Justice and Delinquency Prevention (n.d.), the standards for transferring a juvenile to adult court for trial in Tennessee is:

Discretionary Waiver: Following a hearing, a child meeting age/offense criteria may be transferred to adult criminal court if the juvenile court finds that there are reasonable grounds to believe that (1) the child committed the offense alleged, (2) the child is not committable to a mental institution, and (3) the interests of the community require that the

You May Also Find These Documents Helpful

  • Good Essays

    The general rule in Washington is that a waiver provision is enforceable unless (1) it violates public policy, (2) the negligent act falls greatly below the legal standard for protection of others, or (3) it is inconspicuous. Johnson v. UBAR, LLC, 150 Wash. App. 533, 538 (Wash. App. Div. 1, 2009). A liability waiver will not be upheld if the releasing language is so inconspicuous that a reasonable person could reach different conclusions as to whether the document was innocently signed. There are six elements in deciding whether a waiver and release provision is conspicuous or inconspicuous: (1) whether the waiver is set apart or hidden within other provisions, (2) whether the heading is clear, (3) whether the waiver is set off in capital…

    • 166 Words
    • 1 Page
    Good Essays
  • Powerful Essays

    Roper Vs Simmons Case Study

    • 2284 Words
    • 10 Pages

    It was noted that while juveniles are capable of committing truly heinous crimes, they are not fully culpable for three main reasons. The first reason discussed was that juveniles under the age of eighteen lack the maturity and responsibility that adults have attained. This shortcoming causes decisions and subsequent actions to be poorly thought out. Basically, juveniles are not responsible decision makers. This idea was supported by the fact that most states do not allow minors to vote, do jury duty, or get married without consent. The second rationale for why juveniles are less culpable than adults dealt with environment. It was suggested that juveniles lack control over their environment. They do not have the ability to remove themselves from an environment that encourages delinquency. Finally, juveniles are less culpable because they are still developing a sense of self identity. This suggests that behaviors exhibited now may not be part of their character in five or ten years, allowing for recovery. The majority then argued that the same reasoning they used in Stanford v. Kentucky applied to Roper v. Simmons, and that the eighth amendment did not allow for the execution of people under age eighteen due to lesser culpability (Counsel of Record,…

    • 2284 Words
    • 10 Pages
    Powerful Essays
  • Better Essays

    The adjudication process in which a juvenile is transferred to the adult court system can take place in several ways, according to the Office of Juvenile Justice and Delinquency Prevention (OJJDP). Transfer laws vary state to state; however, such transfers fall under three basic categories, the judicial waiver laws, prosecutorial discretion or concurrent laws, and statutory exclusion laws. Judicial waiver law is the most common transfer used and is done on a case-by-case basis (Office of Juvenile Justice and Delinquency Prevention, 2011). This transfer allows the juvenile case to be filed in juvenile court but is transferred to adult court with the approval of the juvenile judge. The prosecutorial discretion or concurrent law gives the prosecutor sole discretion on whether to file charges in juvenile or adult court. No hearings that take place with this process ( (OJJDP, 2011). The statutory exclusion law grants adult courts exclusive jurisdiction over classes of cases involving juvenile offenders. This law requires juvenile courts to waive jurisdiction cases that meet specific age/offense or prior record criteria (OJJDP,…

    • 1973 Words
    • 8 Pages
    Better Essays
  • Best Essays

    Juveniles in the criminal justice system are a special population. Throughout history juveniles have been looked at as needing to be protected from the harsh realities that face adults daily. The juvenile justice system has primarily operated in a parens patriae capacity and protected the rights of those that were legally incapable of protecting themselves such as minor children and the mentally ill. From 1987-1993 the juvenile homicide rate doubled causing critics and conservatives to questions the approach of the juvenile justice community calling it ‘soft on crime’ Steiner &…

    • 3319 Words
    • 14 Pages
    Best Essays
  • Powerful Essays

    PSY328 final proposal

    • 1936 Words
    • 6 Pages

    Semple, J. & Woody, W. (2011). Juveniles tried as adults: the age of the juvenile matters.…

    • 1936 Words
    • 6 Pages
    Powerful Essays
  • Better Essays

    This process takes place when the offence is defined as a serious violent offense. A violent offence as defined in RCW 9.94A.030 and the juvenile has a criminal history consisting of one or more previous violent crimes, two or more violent crimes or tree or more of any combination of any class A offences. A class A offence consists of a felony, any class B felony, vehicular assault and manslaughter in the second degree. All of these crimes must have been committed after the juveniles thirteenth birthday and each offence has been prosecuted separately, Other crimes that are included in the automatic filing in the adult court system are robbery in the first degree, rape of a child in the first degree or a drive by shooting, burglary in the first degree that has been committed on or after July 1, 1997 and the juvenile has a criminal history consisting of one or more prior felony or misdemeanor offences or any violent offence as defined in RCW 9.9A.030 committed on or after July 1, 1997 and the juvenile is alleged to have used a firearm in the offence (Champion, Merlo, & Benekos, 2013)…

    • 1133 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Prosecutors have to decide whether or not to detain the juveniles and petition the cases being referred and or presented. When a juvenile has been taken into custody an officer may take him or her to a juvenile detention center, which is a facility designed for short term, secure confinement of any juvenile prior to court dispositions and or execution of a court order.(Juvenile Justice pg258). Another step within the Intake stage is qualified right to post bail. This right has been given to juveniles as well as adults that have entered the justice systems by way of referrals and or arrests; although most juveniles are released to the custody of their parents or guardians they do not require or are not afforded the right to bail. The final step of the intake stage is the decision to petition the case, which includes whether or not to dismiss the case and release the juvenile to his or her parents or guardians, handle it informally with informal probation or petition the case for formal intervention by the court. A substantial percentage of the case that are dismissed are usually cases that minor or first time offenses against a juvenile. Cases that are handled informally are usually of a higher percentage of dismissed cases. In most informal cases juveniles usually agree to…

    • 852 Words
    • 4 Pages
    Good Essays
  • Good Essays

    When it comes to crime, there is a point that exists separating the children from the adults, so what is it? Some states hold a system called, “automatic transfer,” this is when a judge waves the protections that the law provides within the juvenile court. This is usually applicable to juveniles who have committed more serious crimes, or minors who have previously been in legal trouble. While juveniles tried in adult court exist with more constitutional freedoms, this comes at a price such as being subjected to more serious punishments along with the possibility of spending time in an adult correctional facility. But how could a child even be eligible for automatic transfer? There is a whole series of factors that go into play, but in the…

    • 155 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    When reviewing the mechanisms that are utilized to transfer juveniles from the juvenile court to criminal court, I would look at what means would best serve the juvenile. The three most commonly used mechanisms are the juvenile wavier, prosecutorial wavier, and legislative wavier (Elrod & Ryder, 2014). Based upon my research, I would favor the judicial wavier. The results of a juvenile being transferred into adult court can have some negative consequences on a juvenile. A juvenile court usually focuses on rehabilitation of the accused juvenile; however, the adult court will focus more on punishment ("Juvenile").…

    • 288 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    There are several offenses that would require a child be transferred from juvenile court to becoming…

    • 1087 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Juvenile waiver purpose aims to fill many different voids and address challenges in our justice system, which can be observed even in the different ways juveniles may be waived into adult court. One of the first methods waiving juveniles to adult court is with judicial waiver offenses, in which the juvenile court judge’s personally transfer cases to adult courts in order to prevent persons who are usually repeat offender’s; from the special protections that juvenile court systems provide. This ensures that certain individuals will not have the leverage of other youthful offenders, and ideally aren’t allowed to use age protection laws to their aid any longer. Another way in which cases are transported is through statutory exclusions that are…

    • 181 Words
    • 1 Page
    Good Essays
  • Good Essays

    If a minor is not tried as an adult, his or her, case is heard by a judge, no jury and in a juvenile court. Then a judge gets to decide what is in the best interest for the child and the child's family. A lot of children that commit crimes come from screwed-up backgrounds and could use some help getting on the right track. So a juvenile judge could sentence the child to a reform school or a juvenile facility with a rehabilitation program and release as the…

    • 781 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    A movement has taken hold of our country to change the juvenile justice system, and erase any distinction between young offenders and adult criminals. Almost all fifty states have changed their juvenile justice laws, allowing more youths to be tried as adults and scrapping long-time efforts to help rehabilitate delinquent kids and prevent future crimes. It seems to be plain and simple, a minor in this country is defined as a person under the age of eighteen. How then can we single out certain minors and call them adults? Were they considered adults before they carried out an act of violence? No. How then, did a violent act cause them to cross over a line that is defined by age? The current debate over juvenile crime is being dominated by two voices: elected officials proposing quick-fix solutions, and a media more intent on reporting violent crimes than successful prevention efforts. Minors should not be tried as adults in our society today. This is obvious through looking at propositions by our government such as Proposition 21, which is statistics on juvenile crime from specific cases where minors were sentenced in adult courts.…

    • 1427 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    Determining whether a juvenile is identified as a child or an adult is quite simple. If a juvenile is under the age of 18 then he or she is not an adult and if a juvenile has graduated from high school then he or she is identified as an adult. I believe that if a juvenile has not developed a certain level of intelligence or has not emotionally developed then they can’t be identified as an adult. In addition to that, although juveniles may have developed the sense of knowing right from wrong they may not know what’s right from wrong in the “adult world.” There have been laws passed to permitting juveniles to be transferred to adult court. The process with transferring juveniles to adult courts starts with the seriousness of the offense committed by the juvenile. If a juvenile has committed an offense such as armed robbery or murder then without a doubt there aren’t any excuses for…

    • 512 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Juvenile Court Case

    • 343 Words
    • 2 Pages

    Such statutes have had an incredible impact on the U.S. juvenile justice system. The original purpose of creating a separate juvenile court was to keep adolescents out of adult prisons, limit their exposure to adult criminal activity and poor role models, and also to provide guidance that helps them to turn away from further criminal behavior and be directed toward more positive results. It seemed that the individual juvenile offender cases were not getting looked at based on the individual characteristics or needs of the offender, rather whomever prosecuted the case was determining it based on the nature of the offense. Because of this, there were greater numbers of juvenile offenders having their cases in adult criminal courts, which do not…

    • 343 Words
    • 2 Pages
    Good Essays