Juvenile Transfer - Waiver of Juvenile Court Jurisdiction

Juveniles Transfer

Abstract

The impact on the court system should be minimal if juvenile offenders of serious crimes are tried as adults, rather than in juvenile court. The transformation of the juvenile court has evolved to a point where there is little difference between the procedures of juvenile court and criminal court. The juvenile system was designed in the late 1950's to rehabilitate young children who become a bit wayward in his/her ways. That type of juvenile offender has all but disappeared and in its place a sophisticated, violent juvenile who has little regard for human life.

INTRODUCTION

Waiver of Juvenile Court Jurisdiction

The decision as to whether juvenile defendants should be prosecuted as adults is critical for both the juvenile justice system and the youths accused of serious crimes. Allowing a juvenile to be tried in the criminal courts, rather than in juvenile court, requires a waiver/transfer of juvenile court jurisdiction. Waiver/transfer hearings determine whether minors are dealt with under juvenile law. Those juveniles found unfit are sent to adult court for trial. The underlying philosophy of the hearing, for juveniles 16-17 when the crime was committed, is that the minor charged with adult crimes should be treated as an adult. Even if a juvenile fits the criteria to remain in juvenile court then a serious crime will destroy any impact of the criteria in keeping the teenager in juvenile court. A transfer is severe with harsh consequences, which can include an extended detention stay, a felony conviction resulting in legal sanctions and a lengthy sentence in a secure correctional facility. The decision to transfer does more than choose a judicial forum for an accused youth.

The procedures in juvenile court are frustrating and potentially violate a person's constitutional rights. The juveniles have not right to a jury trial and no bail. They are sent back to the parents, detained in a juvenile facility or placed on house arrest. Juvenile offenders charged with violent offenses who are transferred to criminal court are assured a conviction and imprisonment. Despite the lack of guarantees that offenders would be treated equally in criminal court, at least the more visible proceedings would safeguard more of the juvenile's constitutional and procedural rights.

Benefits to Society to Tray Juveniles as Adults

Prevention and supervision of first time offenders is a better economic and social decision to take than to continue for longer sentences for first time offenders. In the juvenile system the juveniles receive help with fitting into society, an education and job training.

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