NCJ Number
95406
Editor(s)
J L White,
E C Parks
Date Published
1984
Length
29 pages
Annotation
Systems of automatic or presumptive waiver from juvenile court, using offense seriousness and prior record as the criteria, are the most consistent with deterrence principles.
Abstract
In contrast, handling all juvenile offenders in juvenile court is the least desirable alternative, because low-risk offenders are ignored; more recidivistic offenders will not receive consistent sanctions over their first four or five offenses; and retention of serious or chronic offenders in the juvenile court places a limit on the possible graduation in the sanction severity. Kessler and others have proposed a three-level system of justice, which would be graded by age. Although such a system appears to have rationality, consistency, and predictability, it depends on the prosecutor, who determines the charges. Lacking guidelines, such decisions will not permit judicial review and could undermine the apparent benefits. Novak advocates judicial waiver, while Feld argues against it. Although automatic waiver may be the best alternative in terms of deterrence principles, judicial waiver with presumption based on offense severity and possibly prior record may produce a similar effect. Data from two California counties for 1976 and 1977, data tables, and an 87-item bibliography are supplied.